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(영문) 인천지방법원 2019.09.27 2019고정1738
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On April 15, 2019, at around 19:15, the Defendant, while drinking alcohol, driven a e-mail car owned D from approximately 3 km section from the front of the first floor of the building in Michuhol-gu Incheon, Michuhol-gu to the middle-gu coastal parking lot to the middle-gu coastal parking lot.

At the time, there are reasonable grounds to recognize that a defendant was driven while under the influence of alcohol, such as smelling in the entrance, snifting, red, and sniffing, etc., the defendant did not comply with the measurement of alcohol conducted by police officers without justifiable grounds, such as refusal of the first alcohol measurement at around 19:00 on the same day, refusal of the second alcohol measurement at around 19:05 on the same day, refusal of the second alcohol measurement at around 19:05 on the same day, refusal of the third alcohol measurement at around 19:15 on the same day, and refusal of the third alcohol measurement at around 19:15.

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 concerning refusal to measure drinking;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order requires a police officer to respond to the measurement of drinking on several occasions after the defendant sent to an emergency room after being sent to the emergency room, with the face being snicked from red and smelling, but the defendant's refusal to take such measures without justifiable grounds and thus, the defendant's liability for the crime

The defendant has been punished for the same crime.

On the other hand, the defendant shows the attitude to recognize and reflect the crime of this case.

The defendant is not in a good economic situation with one parent's family.

In the above circumstances, the defendant's age, character and conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, and the minimum of the statutory penalty for the crime of this case.

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