logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2021.03.25 2020고단2189
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[criminal history] On April 4, 2014, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving) in the support for the development of the Sugwon method.

[2] On July 11, 2020, the Defendant, while driving a motor vehicle by drinking alcohol on the front of the Gu apartment house B in front of the Gu apartment house B, was under the influence of alcohol, while driving a motor vehicle by drinking alcohol on the road in front of the Gu apartment house B. The Defendant reported 112 and was under the influence of alcohol by a police officer belonging to D district unit of the police station during the game in which the Defendant was dispatched to the said site after receiving a report 112, while driving the motor vehicle under the influence of alcohol.

Even if there are reasonable grounds to determine a person, a police officer did not comply with a police officer's request for a measurement of drinking without justifiable grounds by taking 18:58 light oil on the same day, 19:03 light oil, or 19:08 light alcohol measuring instruments, despite being requested to comply with a measurement of drinking on the same day by inserting the measuring instruments of drinking, making it short or concealing.

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition of alcohol driving, notification of the results of regulating driving of alcohol, a statement of the situation of the driver under the influence of alcohol driving, a ledger of the use of drinking meters, a written statement of traffic accident occurrence, on-site and vehicle photographs, screen pictures of alcoholic-free cameras, and a detailed statement of reported cases;

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation (verification of suspect drinking skills), application of criminal history-related Acts and subordinate statutes;

1. Article 148-2 (1), Article 44 (2) and (1) of the Road Traffic Act and Article 44-2 (2) and (1) of the same Act concerning the facts constituting an offense, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment was that the defendant, even though he had a history of driving under the influence of drinking once, was in an accident of receiving a street again by driving under the influence of drinking, and the police officer demanding a measurement of drinking.

arrow