beta
(영문) 대전지방법원 홍성지원 2019.01.16 2018고단753

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for not less than eight 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 September 15, 2018, the Defendant received a report from the Chungcheongnam-gun B apartment on the roads in front of the Chungcheongnam-gun budget, Chungcheongnam-gun, Seoul:37, that “The C low-speed car has turned on an emergency, etc. on the road,” and the said car has been parked at the edge of the road while driving on the road. The Defendant was found to be locked from the driver’s seat of the above vehicle, the Defendant was found to have snicked in the Defendant’s entrance, and the Defendant showed a drinking response as a result of the measurement of the drinking reduction level against the Defendant, and there is considerable reason to recognize the Defendant driving of the above vehicle under the influence of alcohol, and the Defendant has been demanded on several occasions to comply with the drinking measurement by inserting it into a drinking measuring instrument from Ea under the influence of alcohol. However, the Defendant did not comply with the request of a police officer at least three months prior to the detection of a drinking test, and he did not comply with the requirement of a drinking test at once.”

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. The circumstantial statement of the employee;

1. Investigation report (Report on the status of an employee);

1. Application of Acts and subordinate statutes to control sites and photographs refusing to measure;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment;

1. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act ( repeatedly taking into account the favorable circumstances that are considered as the reasons for sentencing as follows);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is relatively recent (2016) in light of the circumstances such as the fact that a person has a criminal record of drinking alcohol driving, the fact that a person seems to have driven under the circumstances is expected to drive under the heavy influence, and the attitude of the public authority is expressed in the opportunity to state his/her opinion and thus, it is necessary to make

(b).