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(영문) 대전지방법원천안지원 2020.08.18 2020고정299
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

[Criminal Power] On November 13, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act by the District Court of Jung-gu.

【Criminal Facts】

On February 16, 2020, the Defendant was demanded to respond to the measurement of alcohol by inserting four minutes in total for about 15 minutes, while driving D's automobile while drinking D's automobile while driving D's automobile while drinking D's automobile in front of A's city B at A'si, A's city, on February 16, 2020.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. On-site photographs;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, and summary orders under Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of a fine concerning criminal facts, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order requires strict punishment for a crime that is highly dangerous to harm the life and body of others.

Although the Defendant had already been punished due to drinking driving, the Defendant refused to measure the drinking alcohol of the police officer.

In addition to this, the defendant's age, character and conduct, environment, circumstances of crime, and circumstances occurring in the trial process shall be determined as ordered by considering various circumstances.

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