logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.07.23 2020고단1205
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On November 11, 2016, the Defendant issued a summary order of KRW 3 million at the Seoul Eastern District Court due to a violation of the Road Traffic Act.

On October 18, 2019, the Defendant: (a) around 19:13, the Seongdong-gu Seoul Metropolitan Government Mabroro 200 (Seman 2A), while driving a bomb car with the same side line, caused a traffic accident that causes traffic obstacles, such as receiving concrete protective walls installed on the left-hand side while driving a bomb car on the same line; (b) the Defendant was required to comply with the alcohol measurement by inserting the Defendant’s drinking alcohol, drinking alcohol, and driving under the influence of alcohol from around 20:05 to about 20:30 minutes from around 25 minutes of the same day.

Nevertheless, the Defendant did not comply with a police officer’s request for sobage measurement without justifiable grounds, such as locking a toilet with door, breathing a drinking measuring instrument by hand, and expressing his intent to refuse to take a drinking test.

As a result, the defendant violated the regulations to refuse to drive alcohol or to take a drunk test more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) and (2), a traffic accident report, an explanatory note, an explanatory note, a report on the circumstantial statement of a drinking driver, a report on detection of a drinking driver, a report on detection of a drinking driver, a report on 112 reported case register, an emergency medical service log (69 pages of evidence records) and a report on internal investigation (a rejection of a suspect's refusal to take a drinking alcohol level), and a report on internal investigation (a rejection of sending back to an emergency vehicle of

1. Previous records: Application of criminal records, inquiry reports and investigation reports (reports on criminal records of the same kind as a suspect)-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act which choose the penalty;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order:

arrow