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(영문) 인천지방법원 2021.03.24 2020고단10031
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On July 12, 2020, the Defendant: (a) driven a D motor vehicle from a place on which the Defendant had been living in Seo-gu, Incheon, Seo-gu, Incheon; (b) driven a motor vehicle from a place on which the Defendant had been living in the jurisdiction of the Seo-gu, Incheon, Seo-gu, Incheon; (c) while driving the motor vehicle with a deep distance and at the 112 report, it is doubtful that the said motor vehicle is likely to drive the motor vehicle, and thus, is at the risk of drinking, by reding, etc. from the E-WW F of the Incheon Seo-gu Police Station, Seo-gu, Incheon; (d) drive the motor vehicle while under the influence of alcohol, such as red lighting on a non-distance and face.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the defendant drank alcohol but did not drive it.

In order to avoid this, the police officer did not comply with the request for the measurement of drinking without justifiable grounds, such as intending to abscond and flee.

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant who has made a statement in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of the driver in charge, investigation report (report on the situation of the driver in charge), photographs at the time of detection and investigation report (on-site CCTV investigation, etc.);

1. Article 148-2 (2) and Article 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense and the selective punishment;

1. Selection of a selective fine for punishment (it shall be taken into account that the defendant has no same criminal record);

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

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