logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.11.03 2020고단4350
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 13 million.

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

Reasons

Punishment of the crime

On September 1, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Daegu District Court.

Criminal facts

On August 7, 2020, at around 21:50, the Defendant driven a car in F E-dong from the near the restaurant “C” located in B in Busan Metropolitan City to the next parking lot of D-dong in Busan Metropolitan City. There are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, smelling, red and inaccurate weathering, etc., from the superintendent of the police box belonging to the police box of the Gyeongsan Police Station, who was called after receiving a report on a drunk driving. Accordingly, the Defendant was demanded from around 23:07 on August 7, 2020 to around 23:17, to comply with the drinking test by inserting the drinking measuring instrument three minutes at intervals of five minutes at intervals of five minutes.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site reports (STB verification), screen pictures after the closure of spab, inquiry into the results of the control of drunk driving, circumstantial statements of drinking drivers, investigation reports, written statements, investigation reports (I), and investigation reports (on-site confirmation);

1. Previous convictions in judgment: Criminal records, investigation reports (verification of suspect's records of driving under the influence of alcohol), and application of Acts and subordinate statutes of one summary order;

1. Relevant provisions of the Act on Criminal Facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusing to measure the noise level), and selection of fines;

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order under Articles 70(1) and 69(2) of the Criminal Act, the crime of this case was committed even though it had the record of driving alcohol.

- time to commit the offence;

At least ten years from the time of the above punishment, and there was no record of punishment in addition to the above past records.

arrow