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(영문) 광주지방법원 순천지원 2020.05.27 2019고단2414
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Criminal facts

On May 14, 2008, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act, at the net support of the Gwangju District Court on January 28, 201.

On October 2, 2019, at around 01:07, the Defendant is driving a D SP car while drinking alcohol on the front side of C in FP at FP time.

There are reasonable grounds to recognize that a person was driven while under the influence of alcohol by drinking, such as drinking, smelling, reding, etc. from a slope F belonging to the police box of the Jeonnndong Police Station, sent out after having received a report of diving, and having been demanded to respond to the measurement of alcohol by inserting approximately 26 minutes in total four times between the 26 minutes.

그러나 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. 112 Report processing table, on-site photographs of crackdowns, and alcohol measurement photographs;

1. Previous convictions: Criminal history records, inquiry reports, investigation reports (verification of suspect drinking records), application of summary order-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (2) of the Road Traffic Act, the choice of fines, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment, even though the defendant had a history of criminal punishment on several occasions due to drunk driving, was driving again while entering the opposite direction of one-way road and was temporarily parked. Furthermore, it is very negative that the defendant's act of refusing to measure alcohol is very negative.

However, the defendant.

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