logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.03.26 2019고단7316
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On September 15, 2014, the Defendant was issued a summary order of a fine of one million won at the Suwon District Court on September 15, 2014.

【Criminal Facts】

On November 6, 2019, the Defendant was demanded to comply with the drinking test by inserting the breath in a drinking measuring instrument, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the occurrence of a drinking reaction during the drinking-free season, and on the ground that there is a considerable reason to recognize that the Defendant was driving under the influence of alcohol, the Defendant was under the influence of alcohol in a so-called so-called so-called “brea-dong Police Station B” in the Yeongdeungpo-dong 814-6, Young-gu, Youngdong-dong 814-6.

Nevertheless, the Defendant did not comply with a police officer’s request for a drinking test without justifiable grounds, such as putting the whole breath into a drinking measuring instrument, putting the whole breath into a direction different from that of a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A DNA camp image CD at the time of crackdown;

1. Previouss before and after judgments: Criminal records, replys to criminal records (E), investigation reports (Attachment to the same type of judgment), and application of 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished for a drunk driving, and since June 25, 2019, the penal provision for a drunk driving has been strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., and the defendant was engaged in a drunk driving without any delay, and further, did not comply with a police officer's demand for a alcohol test, and the nature of the crime is highly likely to be subject to criticism, and there is a need for a strict punishment.

However, the defendant recognized the crime of this case and divided his mistake.

arrow