(영문) 대전지방법원 홍성지원 2021.03.17 2020고단1185

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Reasons

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자간(%)

(영문) 대전지방법원 홍성지원 2021.03.17 2020고단1185

도로교통법위반(음주측정거부)

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Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 14:40 on December 12, 2020, the Defendant, while driving a B Poter II cargo vehicle in the territory of Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gu, Seocheon-do, in front of the site for application, was under the influence of alcohol, and was under the influence of alcohol in a single traffic accident, leaving the road while driving a B Poter II cargo vehicle in the influence of alcohol. The Defendant, upon receipt of the report, driven the Defendant under the influence of alcohol in light of the circumstances of a single traffic accident, etc., by a police officer D belonging to Seocheon-gu, Seocheon-gun, C Gyeong-gun, Seocheon-gu,

As there are reasonable grounds to recognize, it was demanded to respond to the measurement of alcohol by inserting approximately 15 minutes from around 15:00 to around 15:15 on the same day.

Nevertheless, the Defendant, without any justifiable reason, refused to comply with a police officer’s request for alcohol testing by explicitly expressing his/her intention of refusal to take a alcohol measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to report on investigation into the statement of the situation of the driver who is placed in the main place;

1. Article 148-2 (2) and Article 44 (2) of the Road Traffic Act (the point of refusing to measure drinking), and the selection of a fine concerning the crime;

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 of the Criminal Procedure Act was that the Defendant refused a request from the police officer dispatched for a measurement of drinking, while the Defendant was driving in a drinking state.

However, it is difficult to conclude that there is no record that the defendant has been punished as a crime of drinking driving within the past 20 years, and that there is no record of being punished as a crime of drinking driving at the present time is high risk of recidivism, the health of the spouse is not very good, and the circumstances leading to the instant crime, the degree of drinking, the age of the defendant, and the age of

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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