(영문) 전주지방법원남원지원 2020.11.24 2020고단240

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원남원지원 2020.11.24 2020고단240

도로교통법위반(음주측정거부)

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Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On July 24, 2020, the Defendant was requested to submit identification cards to confirm his status as a person under the influence of alcohol, such as drinking, drinking, and walking, from E and F belonging to the police officers and F belonging to the district unit of the Southern Police Station D District, which called up after receiving a report from 112 to 19:35 on July 24, 2020, the Defendant: (a) was arrested as a flagrant offender and arrested as a flagrant offender in the Nam-si G and led to the zone in the Namwon-si. On the same day from around 20:05 to 20:36, the Defendant failed to comply with the request of a police official for the measurement of drinking alcohol by inserting alcohol in the manner of injecting the alcohol measuring instrument during the age of 20:0 to 20:36 on the same day; and (b) the Defendant did not comply with the request of a police official for the measurement of drinking alcohol without justifiable reasons, such as failing to comply with the request of a police official.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Investigation reports and notification of the results of the control of drinking driving;

1. Application of the Acts and subordinate statutes to photographs taken at the time of a breath alcohol measurement and CCTV caps;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines of five million won to twenty million won; and

2. Determination of sentence: Determination of sentence of a fine not exceeding 6 million won, taking into account the following circumstances, comprehensively taking into account the defendant's age, environment, motive for committing a crime, driving distance, and circumstances after committing a crime, as set forth in the arguments of this case.

[Unjustifiable circumstances] The crime of this case is deemed to have refused a legitimate drinking test by the police officer dispatched after receiving a report 112.

참조조문

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