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(영문) 서울중앙지방법원 2020.06.10 2019고단8809
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 October 13, 2014, the Defendant was issued a summary order of KRW 5 million on the grounds of the violation of the Road Traffic Act (driving) in the Changwon District Court’s territorial branch.

On November 15, 2019, at around 20:30, the Defendant was demanded to comply with the drinking test by inserting the alcohol measuring instrument four minutes between about 15 minutes and four minutes, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as the Defendant’s walking condition, in an inaccurate and inaccurate manner, and the Defendant was driven by a drinking driver, while driving a rocketing car on the front of Seocho-gu Seoul Metropolitan Government (Seoul), after receiving a report from 112 that the drinking driver was involved in a traffic accident.

Nevertheless, the defendant refused to make all statements, and avoided them, and did not comply with the police officer's request for a drinking test without any justifiable reason.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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 defendant's reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant caused a traffic accident after drunk driving and refused to measure the drunk driving is disadvantageous to the defendant.

However, there is no other previous conviction except a fine imposed once due to drinking driving, and the defendant seems to have committed the instant crime on the same day after receiving a recommendation for retirement from the company, and the defendant was employed by F as a sergeant around 2020, and if the defendant selects imprisonment and determines the sentence, he is subject to dismissal according to the rules of employment of the above company, and the defendant is normally dismissed.

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