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(영문) 광주지방법원 2020.08.27 2020고단3253
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On June 8, 2020, at around 23:30 on June 23:30, 2020, the Defendant was required to comply with the drinking test by inserting alcohol measuring instruments four times from around 23:43 of the same day to around 00:33 of the same day, while driving a car under B while drinking alcohol on the front road of the Pungam National Sports Park in Seo-gu, Seo-gu, Gwangju and driving a car.

그럼에도 불구하고 피고인은 혀를 내밀어 음주측정기 불대의 구멍을 막으면서 불어넣는 시늉만 하는 방법으로 음주측정 요구를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Application of the Acts and subordinate statutes to each of the accused's statutory statements (recognization refusal) and reports on detection of suspected victims of violation of the Road Traffic Act (regnization refusal), and refusal to take a drinking alcohol measurement report

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) and 44 (1) of the Road Traffic Act, the choice 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 sentencing grounds of Article 334(1) of the Criminal Procedure Act, including the defendant's records of the same crime, the process of refusing to measure drinking, and the defendant's mistake, and other sentencing conditions of the defendant's age, character and conduct, and circumstances before and after the crime, shall be determined as ordered in consideration of all the sentencing conditions shown in the records and arguments of the case.

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