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(영문) 서울중앙지방법원 2020.11.26 2020고단5947
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On July 20, 201, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Daegu District Court on July 20, 201, and a summary order of KRW 1 million as a fine in the same court on November 29, 201.

Around 04:10 on July 25, 2020, the Defendant driven a DSS5 car at approximately 50 meters away from the front road of Yongsan-gu, Yongsan-gu, Incheon Metropolitan City, to the front road of C, and the Defendant was assaulted by the Defendant, and the Defendant was dispatched by E- 112, and the Defendant discovered the Defendant who was driving the car on the front road of C and let F get off the car.

Although the Defendant was required to respond to the demand of a police officer for the measurement of alcohol in a manner of inserting the breath of alcohol in a total of three times from F on the same day to 04:21 to 04:36 on the same day on the grounds that there exist reasonable grounds to suspect that the Defendant had driven a vehicle with smelling, sniffing, and with a red breath of alcohol, the Defendant did not comply with the demand of a police officer for the measurement of alcohol without justifiable grounds.

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Statement E of the defendant in court;

1. Investigation report, report on the situation of a drinking-driving driver, notification on the results of the control of drinking-driving and the use register of a drinking measuring instrument;

1. Previous for judgment: Application of two copies of a written summary order, such as criminal history records, investigation report (Attachment of a copy of summary order), and copy of the summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (Selection of Fine) 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 order of provisional payment is that the defendant was found to have been subject to punishment for drunk driving, and he was found to have been driving again while driving under drinking, and that he refused the request of the police officer to take a sob

However, the defendant.

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