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(영문) 인천지방법원 2020.09.23 2020고단5960

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On February 4, 2014, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 17, 2020, at around 02:15, the Defendant was required to comply with a drinking test by inserting the alcohol measuring instrument twice more than 10 minutes in a drinking-free manner, on the road located in the territory of Michuhol-gu Incheon, Michuhol-gu, Incheon, pursuant to the 112 report that “A person who drives a drinking-in-way is driving without driving on the road.”

Nevertheless, the defendant, by means of “I would refuse”, did not comply with a police officer’s request for sobage measurement without justifiable grounds.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement of the police statement of the defendant E in court;

1. Reports on the occurrence of traffic accidents and on the circumstantial statements of the driver concerned;

1. Previous records of judgment: Application of inquiry reports and investigation reports (verification of the same kind of records and attachment of summary orders) including criminal records, etc.;

1. Relevant provisions of the Act on Criminal Facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act, the selection of fines (Considering the details and circumstances of the crime of this case, the degree of blood alcohol, the record of the crime, etc.);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;