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(영문) 인천지방법원 2020.06.08 2020고단1180
도로교통법위반(음주측정거부)
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On February 5, 2008, the Defendant received a summary order of KRW 700,000 from the Incheon District Court as a fine for a violation of the Road Traffic Act.

On January 31, 2020, at around 21:44, the Defendant was parked in front of the C cafeteria located in Namdong-gu Incheon Metropolitan City, and the Defendant was parked while driving a D low-free car under the influence of drinking.

The Defendant was requested several times to respond to the measurement of alcohol in a manner of inserting the whole breath of alcohol while under the influence of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, snicking on face, snicking, and unsatising from the F of the background of the Incheon Southern Police Station E, which was dispatched upon receipt of a report.

그럼에도 피고인은 욕설을 하며 이를 거부하다가, 음주측정기에 입김을 부는 시늉만 하는 등 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 않았다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: An inquiry report, investigation status, and application of summary order statutes;

1. Relevant legal provisions concerning criminal facts and Articles 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act (the distance of driving is relatively short, two times a fine for drunk driving is past 2001 and 2008, and no other criminal record is used, and the choice of a fine is made in consideration of the circumstances reflecting the error, 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;

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