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(영문) 수원지방법원 안양지원 2021.03.25 2020고단2261
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[Power of crime] On August 5, 2013, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Friwon Frigwon.

[Criminal facts] The Defendant is a person who is engaged in B EF rocketing driving of another car.

On August 30, 2020, the Defendant driven a vehicle while under the influence of alcohol, such as the road front of the Gu C apartment house D, smelling in the entrance, snicking, red, and a little string distance of walking.

If there is a reasonable reason to determine the person, the driver did not drive the vehicle even though the driver demanded a measurement of drinking by F.

On the other hand, the police officer's attempt to keep the police officer in the spot and to leave the site was refused to take a drinking test.

Accordingly, the Defendant violated the Road Traffic Act's prohibition of drinking or drinking refusal to take a drinking test more than twice.

Summary of Evidence

1. A written G statement of the defendant in court;

1. A report on the situation of driving at home, a photograph of a vehicle parked with a suspect, a driver's license register, and a photograph by capturing up on-site images;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the previous confirmation thereof), summary order (a copy of the three hundred and sixty-one hundred and sixty-one hundred and sixty-one hundred and sixty-one hundred and sixty-one hundred and sixty-one hundred and sixty-one, respectively).

1. Article 148-2 (1), Article 44 (2) and (1) of the Road Traffic Act and Article 44-2 (2) and (1) of the same Act concerning the facts constituting an offense, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 10 million won to 20 million won;

2. The Defendant, who was sentenced to a sentence, driven a fine once due to drinking, but did not comply with a police officer’s legitimate request for measurement of drinking.

However, the defendant's mistake and again does not drive drinking.

There is no history of criminal punishment exceeding a fine and there is no history of criminal punishment.

In addition, the sentence shall be determined as ordered by taking into account all the conditions of sentencing.

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