beta
(영문) 대구지방법원 안동지원 2016.05.27 2016고단284

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2016, the Defendant: (a) was snick D belonging to the Andong Police Station B located in Ansan-si, Dong-dong, Dong-dong on March 18:39, 2016 on the fact that the Defendant was aware of the fact that the Defendant was causing a traffic accident while driving a motor vehicle by Eradical francing off; (b) was snicking from the Defendant; and (c) was driven under the influence of alcohol by red, etc.

There is a reasonable reason to determine a person who has been requested to respond to the measurement of drinking by inserting approximately 30 minutes the whole in a drinking measuring instrument.

Nevertheless, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument and avoided this, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify a person who has refused to comply with the measurement of alcohol, a report on the circumstantial observation of the driver under the influence of alcohol, notification of the results of regulating the driving of alcohol, investigation report (compliance with the situation of the driver's drinking), investigation report (in cases of refusal

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act (Article 53 and Article 55(1)3 of the same Act (Article 55(1)3 of the same Act provides that the crime of this case was committed again after having been sentenced to a fine four times for the same type of crime), elements of sentencing unfavorable to the Defendant, the fact that there has been no previous conviction exceeding the fine, confession and reflect, the crime of this case led to considerable time from the date on which the crime of this case was punished in connection with the last driving of alcohol, the Defendant’s age, environment

1. The main sentence of Article 62 (1) of the Criminal Act (the grounds for reduction of the amount of punishment repeated);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;