beta
(영문) 수원지방법원 안산지원 2017.01.19 2016고단4393

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who drives a EX-related sports vehicle.

On September 24, 2016, the Defendant: (a) driven the above vehicle around 23:32 on the road near the Amond Park; and (b) driven around approximately 3 km in the section of the 504 km in front of the old new-ro 1561 on the road near the Amond Park, the Defendant discovered the Defendant, who was on the part of the B B in front of the 504 Guro-dong apartment 504, while driving the said section on the road near the Amond Park.

At the time, the defendant was driven while under the influence of alcohol, such as snicking and faceing red and inabrupting.

The police officer was required to respond to the measurement of drinking because there is a reasonable reason to determine the person.

Nevertheless, the Defendant committed an intentional act to leave the scene intentionally, and the police officer who demanded a continuous measurement of drinking, and attempted to flee about about 100 meters, and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the E-document;

1. Application of each Act and subordinate statute to a report on the circumstances of driving a drinking driver, a report on the circumstances of a drinking driver, and an inquiry about the results of regulating drinking;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;