logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.12.18 2017고단7695
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant was driven under the influence of alcohol, such as drinking alcohol, smelling on the face of the Defendant from a policeman belonging to the Incheon Southern Police Station, while driving a Dknife vehicle with Dknife on the front of the "C Child Care Center" located in Nam-gu Incheon Metropolitan City, on around 23:38, 2017, while drinking alcohol on the road in front of the "C Child Care Center" located in Nam-gu, Incheon.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the divers of drinking into a drinking measuring instrument over about 17 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge) and internal investigation report (videos not complying with measurement);

1. Notification of the results of regulating drinking driving;

1. Application of the video records and video records and video records subject to measurement;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act can be at issue as to whether the Defendant had a large number of criminal records due to drinking or non-licenseless driving, but has refused a legitimate request for measurement of drinking by a traffic officer under the Road Traffic Act several times, and the crime of this case is not good. However, the Defendant seems to have committed the crime of this case by making a decision after drinking with mental stress due to financial difficulties, living conditions, etc., that there was no history of punishment for about 10 years, and that he did not repeat the crime of this case.

arrow