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(영문) 대전지방법원 홍성지원 2021.02.17 2020고단1042
도로교통법위반(음주측정거부)
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Defendant shall be punished by a fine of 12 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 13, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law, and on March 2, 2009, a fine of KRW 2 million as a fine for a violation of road traffic law (driving under drinking), in the red support of the Daejeon District Court on March 2, 2009.

On October 05, 2020, the Defendant driven a B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

For about 15 minutes of time due to reasonable grounds, it was demanded to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the Defendant did not comply with a police officer’s demand for alcohol testing without justifiable grounds in such a way that the Defendant avoided the body and did not contain sufficient respiratorys.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Photographs of refusing to make a report on the circumstances of a driver who takes the drinking alcohol measurement;

1. Previous convictions in judgment: Inquiry about criminal history, report on investigation, and application of each summary order attached thereto;

1. Relevant legal provisions, Articles 148-2 (1), 44-2 (2), and 44 (1) (a point of refusing to measure drinking), and selection of fines concerning facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is that the Defendant, even though having been punished as a crime of violating the Road Traffic Act in the past, was a driving under the influence of drinking while refusing to measure it.

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