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(영문) 인천지방법원 2018.11.21 2018고단7599
도로교통법위반(음주측정거부)
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Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On October 19, 2018, at around 00:50, the Defendant driven the car under the influence of alcohol, following the Defendant’s face from a police officer D belonging to the Incheon Michuhol Police Station C District of the Incheon Michuhol Police Station, with a red and drinking alcohol reduction engine, following the Defendant’s driving of the car under the influence of alcohol in front of 103, Dongdong apartment (8j) located at 475, Mandodo-ro, Incheon, Mudo-ro, 105, 103.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting the whole influence of drinking in four times from around 01:29 to around 01:49 on the same day.

Nevertheless, the Defendant refused to comply with a police officer’s request for measurement of drinking without any justifiable reason by avoiding the breath of the breath measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

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

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 ground of the crime of this case is that the Defendant’s failure to comply with a police officer’s request for measurement of drinking without any justifiable reason, and thus, the nature of the crime is not weak; the Defendant has a record of being fined once due to drinking driving; and the driving of drinking is a high risk of causing serious harm to another person’s life, body, etc., and thus, it is necessary to strictly punish the Defendant for eradicating the crime.

On the other hand, the defendant acknowledges the crime of this case and reflects the mistake, and again, he does not drive drinking again.

It is favorable to the defendant.

The above circumstances as well as the age, sex, and conduct of the defendant.

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