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(영문) 수원지방법원 성남지원 2020.05.08 2020고단199
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment with prison labor of one year and two months and a fine of one hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On March 10, 2014, the Defendant was issued a summary order of KRW 7 million by the Seoul Northern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Around 18:53 on October 15, 2019, the Defendant violated the Road Traffic Act (refluence refusal to take a drinking level) and the Defendant refused to take a drinking test by means of refusing to take a drinking test in a manner of refusing to take a drinking test without justifiable grounds, on the ground that there exist reasonable grounds to recognize that he/she driven while driving a DNA siren vehicle in the form of drinking, such as smelling alcohol at the entrance of the vehicle while driving it, and raising red view on the face, etc.

2. The Defendant violated the Road Traffic Act at around 18:53 on October 15, 2019, driving a siren vehicle as stated in paragraph (1) of the same Article, and was in the front of the F in Sungnam-gu, Sungnam-si, Sungnam-si, who was straighten from G elementary school to a sanctic level.

In such a case, the driver of a motor vehicle had a duty of care to prevent an accident by accurately manipulating the front side and the left side, and neglecting his/her duty of care to prevent an accident, and neglecting his/her duty of care to prevent the accident, and failed to take necessary measures even though he/she damages the left side of the H I two-wheeled vehicle that was parked on the right side of the driving direction, and failed to immediately stop the vehicle and provide personal information.

Summary of Evidence

1. A written statement prepared by the defendant in the court and in the K;

1. On-site photographs of a traffic accident report, a traffic accident occurrence report, a report on the actual status of driving at home, a circumstantial statement of a driver at home, and a written notice of the results of the drinking control;

1. Previous convictions in judgment: Application of criminal records, repeated statements, and statutes;

1. Relevant provisions concerning facts constituting an offense;

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