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(영문) 인천지방법원 2020.06.17 2020고단3030
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Criminal Power] On November 9, 2016, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch.

【Criminal Facts】

On March 8, 2020, at around 02:44, the Defendant received 112 reports that he/she is a driver in the passenger vehicle in front of the signal box located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and received a demand from D through the security guards of the Yeonsu-gu Incheon Police Station C commander of the Incheon Training Police Station, to respond to the measurement of alcohol by inserting the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath.

Nevertheless, the Defendant, by asserting that there was no fact of driving from the beginning, avoided it in a manner that does not put the whole in a drinking measuring instrument, and did not comply with a police officer’s request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement, investigation report, and photograph of the host driver;

1. Previous for judgment: Application of criminal records, etc. and other inquiry reports, investigation status (same-class criminal records, and summary order appended) Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal Facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act, the selection of fines for the crime (Considering the details and circumstances of the crime in this case, the record of the crime in this case, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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