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(영문) 대구지방법원 영덕지원 2021.01.20 2020고단297
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 14, 200, the Defendant received a summary order of a fine of three million won for a violation of road traffic law (drinking driving), etc. on the grounds of the violation of road traffic law, and on December 16, 2015, the Defendant received a summary order of a fine of three million won for a violation of road traffic law (drinking driving) from the Young River Branch of the Daegu District Court on December 16, 2015.

On November 29, 2020, the Defendant driven a motor vehicle under the influence of alcohol by the Defendant, such as the following: (a) on the way front of the cooperative C in the B, a traffic accident report, and the circumstances leading up to the D Boxes of the Police Station D, which was called up after having received a traffic accident report; (b) E of the police box belonging to the Police Station D, which was called up after having received the traffic accident report; (c) the Defendant sniffing alcohol, red, and alcohol with the result of the inspection of the drinking reduction test.

Even though it was demanded to respond to the measurement of drinking on the same day on the grounds that there are reasonable grounds to determine a seal, the police officer did not comply with a request for measurement of drinking without justifiable grounds by refusing all of the cases without justifiable grounds, despite the request that "this case is going to G union, and the case is different from one another." on the same day, even though it was demanded to respond to the request for measurement of drinking by inserting a drinking measuring instrument three times in total.

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. Each investigation report, each internal investigation report, each report on the occurrence of a traffic accident, the report on the circumstances of the driver at the main driving, the notification of the results of the crackdown on drinking driving, each fact-finding report, each of the following photographs and video CDs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal suspect's history of driving under the same kind of drinking);

1. Relevant provisions of the Act and Articles 148-2 (1), 44 (1) and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act, as follows, and the Defendant’s age, environment, sex, motive, means and consequence of the commission of the crime.

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