beta
(영문) 수원지방법원 성남지원 2013.04.19 2013고단288

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 January 24, 2013, at around 23:30, the Defendant was demanded to comply with a drinking test by inserting alcohol into a drinking measuring instrument for about 30 minutes in the manner of inserting alcohol into a drinking measuring instrument for about 16 minutes, while driving Cschton car in a state of drinking at approximately 16 kilometers in front of the road located in Sungnam-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, Seoul.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written statement of the status of a driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Mitigation of discretionary mitigation of circumstances under Articles 53 and 55 (1) 3 of the Criminal Act (Article 55 (1) of the Criminal Act, including the fact that there is no special criminal record in addition to confession, reflectivity, and fines);

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (2) of the Criminal Act on the condition that the defendant has been punished for driving under drinking once, 2007, and Article 62 (1) of the same Act on the condition that he/she again drives under drinking and refuses to measure drinking, but the quality of the crime is inferior, but the execution of the sentence

1. Article 62-2 (1) of the Criminal Act to attend lectures;