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(영문) 창원지방법원 거창지원 2021.02.17 2020고정105

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 23, 2020, from around 20:25 to 20:40 on the same day, the Defendant was demanded to respond to the measurement of alcohol by inserting approximately 15 minutes of alcohol in the manner of inserting approximately 15 minutes of a police box box at Gohap-gun B, Gohap-gun C from a slope D, etc. on four occasions.

At the same time, the above slope D et al. found that the driver's vehicle was driven by the defendant while driving at the above place around 20:10 on the same day while driving, and immediately entering the E gas station parking lot. The defendant suspended the defendant from the vehicle to escape from the harm of the police officer, and confirmed that the defendant was sniffly sniffly, and that the defendant driven the Fbbbing vehicle while under the influence of alcohol, such as the defendant's drinking smell and high drinking reaction in the reaction test for drinking reduction.

There was a considerable reason to determine the person.

그럼에도 피고인은 음주 측정기에 입김을 불어넣지 않고 시늉만 하는 방법으로 음주 측정을 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. The defendant's report on internal investigation of the situation of the driver who takes the main oral statement by the court, and the investigation report by the defendant (the details of the use of the measuring instrument);

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

1. Article 148-2 (2) and Article 44-2 (2) of the Road Traffic Act and the selection of fines concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Consideration, such as the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order has no same record, and there is no record of crime other than the punishment imposed three times by a fine;