(영문) 인천지방법원 2020.10.14 2020고단6372

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2020.10.14 2020고단6372

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 8, 2020, at around 02:10, the Defendant was on the road located in the Namdong-gu Incheon Metropolitan City, 916-ro 6, Namdong-dong, and while driving B rocketing and other vehicles, the Defendant was required to comply with the drinking test by inserting the influence of alcohol four minutes from around 02:40 of the same day to around 02:5 of the same day in a manner that the Defendant was able to recognize that the Defendant driven under the influence of alcohol, such as drinking, drinking, sniffing, walking, and walking, from the slope D belonging to the Incheon Southernnam Police Station, which was parked in the 112 report and dispatched to the site after receiving the report of 112.

However, the Defendant did not comply with a police officer’s request for alcohol testing without any justifiable reason by avoiding the measurement requirement, such as not bringing about to a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on the circumstantial statements of a drinking driver, the circumstantial report of a drinking driver, and the report on detection of a drinking driver;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, etc.

Unfavorable circumstances: The Defendant did not respond to the police's legitimate drinking measurement request even though he was involved in an accident while driving in the state of drinking.

favorable circumstances: The distance of the vehicle driven by moving the vehicle to the vicinity of the accident site through the substitute driver is short.

There is no same kind of criminal records.

The victims of an accident agreed with the victims.

참조조문

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