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(영문) 인천지방법원 2020.09.24 2020고정1659
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 February 25, 2020, at around 01:22, the Defendant driven the E K7 car volume from the parking lot near Seo-gu Incheon Metropolitan City, Seo-gu, Incheon Metropolitan City to about 4 km distance.

At around 01:27 of the same day, the head of the police station in the Incheon Michuhol-gu Police Station G, H, and four other persons, “A vehicle has moved from the first line to the third line” was notified that, after receiving 112 reports, the reporter, who was a witness, was called to the above place, was dispatched to the police officer in the state of drilling from the reported place to the place of residence of the vehicle in question, and the low person was a driver, and the low person was a driver, and was getting out of the vehicle.

Accordingly, at the time of finding the Defendant before the place of residence of the six-story police officers, the Defendant was able to be found to have driven the said vehicle under the influence of drinking in an inaccurate state with a large amount of smelling, and there is considerable reason to recognize the Defendant to have driven the said vehicle under the influence of drinking. G demanded the Defendant to check the vehicle by drinking alcohol.

Nevertheless, the defendant, while drinking alcohol, denied the fact of driving without driving, and did not comply with a police officer's legitimate request for drinking alcohol.

Summary of Evidence

1. Report on the circumstances of driving at the bar of the defendant, report on the circumstances of driving at bar, investigation report, site photographs refusing to measure the result of the crackdown on driving at bar, and the application of the Acts and subordinate statutes of the vehicle;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the selection of fines, and the selection of fines;

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 provisional payment order has a record of being punished twice as a drinking-driving even before the crime of this case. Nevertheless, the defendant driving in a drinking state to cause the above danger to the road, and the police officer's legitimate drinking test is demanded.

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