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(영문) 인천지방법원 2020.05.13 2019고단6353
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 August 21, 2019, at around 23:07, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument on three occasions at around 22:57, around 23:02, around 23:02, and around 23:07, while driving a drinking vehicle in front of Michuhol-gu Incheon, the Defendant was fluortly driven the Dasta taxi, which was parked behind the vehicle, and was parked behind the vehicle. Upon receiving a report, the Defendant was required to comply with the drinking test in such a manner as to put the drinking measuring instrument into a drinking measuring instrument on three occasions at around 22:57, around 22:57, around 23:02, around 23:07.

Nevertheless, the Defendant did not comply with a police officer’s demand for sobreath test by explicitly refusing to take a sobreath test and avoiding a sobreath test.

As a result, although the defendant had a significant reason to recognize that he had driven a motor vehicle under the influence of alcohol even though he had a history of driving a motor vehicle while under the influence of alcohol, he did not comply with the request for a sobling test without any justifiable reason.

Summary of Evidence

1. The defendant's partial statement in court (the purport that he/she did not comply with the direction measurement);

1. G statements;

1. Reports on internal accidents (the statement, etc. of a shote);

1. The results of the CD reproduction;

1. Report on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

1. Application of Acts and subordinate statutes to a copy of the report on circumstantial statements of a drinking driver and a copy of the usage register of drinking meters;

1. Relevant provisions of Article 148-2 (2) and Article 44 (2) of the Road Traffic Act concerning facts constituting a crime, and selection of fines;

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

1. According to the results of video and CD reproduction under Article 62(1)6 of the Act on the Suspension of Execution, at the time of the instant crime, there was considerable slope at the scene of the accident, and the truck at the time when the Defendant’s truck starts in the front line with the si and the si.

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