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(영문) 수원지방법원 2020.11.20 2020고단4784
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 17,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On March 17, 2017, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) from an Ansan District Court.

【Criminal Facts】

On June 16, 2020, at around 23:52, the Defendant received a report on 112 that “the occurrence of a drinking traffic accident” occurred in front of the he was sent to the site, and the Defendant was demanded to comply with a drinking test by inserting a drinking measuring instrument, on the same day, for the following reasons: (a) the Defendant was under the influence of alcohol at around 23:05 on the same day, such as drinking in the Defendant’s entrance from C, who was called to the site and snicking in the face of the Defendant, and snicking in the face of the Defendant; (b) he was under the influence of alcohol, and (c) he was required to comply with the drinking test by inserting a drinking measuring instrument.

As a result, the defendant violated the prohibition of drinking driving or drinking refusal twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F preparation;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, reports on the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);

1. An accident-related photograph;

1. Records before judgment: Application of criminal records, etc. inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant Article 148-2 (1), and Articles 44 (2) and (1) of the Road Traffic Act, the choice of punishment for the crime, and the selection of fines;

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

1. The Defendant committed the instant crime even though he had the record of punishment several times due to drinking driving, including the previous conviction in the judgment of the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and the Defendant’s instant crime was committed for the purpose of avoiding his responsibility for driving under drinking, and the nature of the crime was bad, and the Defendant’s speech and behavior at the time of the instant case, and the traffic risk caused by the Defendant was very significant.

On the other hand, the defendant is the case.

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