logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2020.06.18 2020고단860
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On January 16, 2008, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Sungwon District Court's Sung-nam branch on the charge of violation of the Road Traffic Act. However, around March 15, 2020, the Defendant reported the 112 reporter's drinking driving in front of the Manam-si, Manam-si B on March 15, 2020, and the Defendant was under suspicion of the 112 reporter's drinking driving, and the Defendant was fluorcing the ma, and there was considerable reason to recognize that the Defendant driven the mari while under the influence of alcohol, such as smelling, drinking, snicking, red, and low walking distance, and thus, the Defendant failed to comply with the request for a drinking test at least four times from the police officer belonging to the Central Police Station of the Gyeonggi Sungsung Police Station at least 21:40 on the same day, and failed to comply with it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the investigation report (the circumstantial report of the driver), photographs, and the investigation report (Attachment to the data on CCTVs safety);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of a summary order);

1. Relevant Articles 148-2 (1) and 44 (2) and (1) of the Road Traffic Act, the choice of a fine concerning criminal facts, and the choice of a fine;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, again refused to take a lawful drinking test by a police officer despite the fact that he/she was punished for a drunk driving.

Considering the fact that the force of drinking driving has relatively old, the fact that there was relatively little danger because of the suspicion that the driver was driving the Oralb, and the fact that there was no record of punishment after 2008, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive and means of crime, etc., shall be determined as follows.

arrow