beta
(영문) 의정부지방법원 2013.05.10 2012고합483

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. On June 20, 2012, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 17:25 on June 20, 2012, the Defendant driven a mixed and 49C obane without a license number plate on the front of the new real estate located in 584, Young-dong, Yangju-dong without a motorcycle driver’s license.

2. Violation of the Road Traffic Act (Refusal of measurement) provided that the Defendant shocked a parked vehicle in the course of driving alcohol while drinking alcohol at the time and place specified in the foregoing paragraph (1) and there are reasonable grounds to recognize that the Defendant driven the above erroneous soil while under the influence of alcohol, such as drinking and smelling on the face, etc., at the same time and place, and failed to comply with a request for a measurement of alcohol without justifiable grounds, even though the Defendant was requested at the police station of both State Police stations to comply with the measurement by inserting the foregoing in a manner of inserting the breath during the period from 18:23 to 18:43 to 18:43, respectively. < Amended by Presidential Decree No. 23424, Jun. 20, 2012>

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A copy of the report on detection of a drinking driver, the circumstantial report on a drinking driver, and the ledger of use of a drinking measuring instrument;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act that choose a penalty, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure such facts, the choice of imprisonment);

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act to increase concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (with respect to the crime of violation of the Road Traffic Act, taking into account the favorable circumstances among the following reasons for sentencing):

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) and (2) of the Criminal Act (The following consideration shall be made again for the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the defendant.