(영문) 인천지방법원 2020.04.22 2019고단8872

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2020.04.22 2019고단8872

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

On November 8, 2019, at around 05:00, the Defendant was required to comply with the drinking test by inserting alcohol into a drinking measuring instrument at around 05:35 on the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking alcohol in front of the convenience store C in the Southern-gu Incheon Metropolitan City, Incheon, and drinking alcohol on the front of the convenience store.

Nevertheless, the Defendant did not comply with a request for a sobling test by a police officer without justifiable grounds by explicitly refusing to take a sobing test and avoiding a sobing test.

Summary of Evidence

1. Partial statement of the defendant;

1. The circumstantial statements of a drinking driver and the results of the control of drinking driving;

1. Reporting on detection of a suspect in violation of the Road Traffic Act;

1. Application of the Acts and subordinate statutes concerning CCTV images and mobile phone pictures;

1. Article 148-2(2) and Article 44(2) of the Criminal Act regarding criminal facts and Articles 148-2(2) of the Act on the Selection of Punishment (Selection of Fines) [ full view of the evidence legitimately admitted and examined by the court] of the same Act (Article 148-2(2) of the Criminal Act) (the police officer, upon receiving a report on November 8, 2019 and being dispatched to the police station on November 8, 2019, was suffering from the starting of the Defendant’s vehicle at the time when he was called to the police station upon receiving a report on November 8, 2019, and the Defendant was snickly snicked

The fact that the defendant was in an inaccurate and breathous state, and that the police officer explicitly asked the defendant to take a breath test as a drinking measuring instrument, and that the defendant explicitly asked the defendant to take a breath test. This is a person who has reasonable grounds to recognize that the defendant is under the influence of alcohol under Article 148-2(2) of the Road Traffic Act and fails to comply with the police officer's measurement.

참조조문

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