beta
(영문) 대구지방법원 서부지원 2016.11.11 2016고단1506

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On February 12, 1998, the Defendant was sentenced to 8 months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Daegu District Court on November 29, 200, and 6 months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Daegu District Court on August 22, 2003, and sentenced to 8 months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Daegu District Court on August 22, 2003, and sentenced to 5 million won of fine at the Daegu District Court on April 22, 2005, and issued a summary order at the Daegu District Court on May 6, 201 to 4 million won of a fine at the Daegu District Court on May 6, 201, and on October 6, 2014, the Defendant was sentenced to 7 million won of fine for a violation of the Road Traffic Act.

1. On July 15:40 on July 7, 2016, the Defendant driven a C CT 100-C motorcycle bicycle (so-called “so-called “so-called hon”) under the influence of alcohol without a motorcycle driver’s license, while under the influence of alcohol for which the blood alcohol concentration cannot be known, from the roads located in the Gyeong-gun, Seongbuk-gun to the nearest road.

2. On the same day as stated in the preceding paragraph, the Defendant: (a) discovered to the police officer E in charge of the police box of the Seongbuk-gun Police Station, who was driven at around 15:41 on the same day as stated in the preceding paragraph, and was dispatched to the G Hospital located in Sung-gun, Sung-gun on the same day by the first-aid vehicle to arrive at the police officer E, who was dispatched after being reported on the road along the street; and (b) was sent to the G Hospital located in Sung-gun, Sung-gun on the same day; (c) the Defendant was able to drive the said motor vehicle under the influence of alcohol on the ground that the Defendant, while driving the motor vehicle at around 15:1,00 on the same day.

Therefore, the above police officer requested the defendant to take a drinking test on four occasions at around 16:45, around 16:55, around 17:05, and around 17:15, but the defendant did not comply with all of the measurements.

In this respect, the Defendant was drunk.

참조조문