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(영문) 대전지방법원 2021.01.29 2020고단4907
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 16, 2012, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at Daejeon District Court on January 16, 2012.

피고인은 2020. 10. 24. 02:30 경 대전 유성구 북 유성대로 은 구비 네거리 앞 도로를 술을 마신 상태에서 B 팰 리 세 이드 승용차를 운전하던 중 술 냄새가 나고 얼굴에 홍조를 띠는 등 술에 취한 상태에서 운전하였다고

Since there are reasonable grounds to determine a person, it was demanded from D to respond to the measurement of drinking alcohol by inserting approximately 14 minutes of drinking, three times between the police officers belonging to the Sungsung Police Station C District.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving or the prohibition of refusing to measure drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of occurrence of the case, internal investigation report (related to refusal of measurement of drinking), statement of the situation of the driver of the relevant alcoholic beverage, investigation report (report of the situation of the driver of the relevant alcoholic beverage), list of reported cases, and picture at the control site of the case;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of suspect criminal records);

1. Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act and the 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 in the order of provisional payment is that the defendant again refused to measure drinking of this case even though he had the record of punishment for drinking driving like the previous conviction in the judgment. However, the defendant's mistake is recognized, the defendant has no criminal record other than the above previous conviction, the defendant wants to be sentenced to a fine rather than a suspended sentence of imprisonment, and all other records are recorded, such as the defendant's age, sexual behavior and environment.

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