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(영문) 춘천지방법원 2020.12.24 2020고정193
도로교통법위반(음주측정거부)등
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

1. Around 22:40 on June 19, 2020, the Defendant driven a F Lastto vehicle at a distance of about 700 meters from the front road in the Hacheon-gun B, Hongcheon-gun without a driver’s license, to the front road in the same Gun D.

2. On June 19, 2020, the Defendant violated the Road Traffic Act (Refusal of Drinking Measures) at around 22:47, the Defendant reported a police officer who was under the influence of drinking while driving a F strawing car on the front of the E-road in Hongcheon-gun, Hongcheon-gun, Gangwon-do, and immediately suspended the vehicle. On the ground that the Defendant was sufficiently doubtful to have driven a drinking, such as a reduction of drinking alcohol during the drinking-free season and a Defendant’s smelling in the entrance, and the Defendant was sufficiently doubtful to have driven a drinking, and the Defendant demanded the Defendant to take a drinking test, but refused it without justifiable reasons.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the ledger of driver's licenses for motor vehicles, such as arrest reports on the occurrence of legal statements by the accused, notices on the results of drinking driving control;

1. Relevant provisions of the Act on Criminal facts, Articles 148-2 (2), 44 (2) (a point of refusing to measure the noise), subparagraph 1 of Article 152, and Articles 43 (a point of driving without Driver's License) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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