beta
(영문) 의정부지방법원 2013.06.28 2013고단1338

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 05:00 on May 6, 2013, the Defendant failed to comply with a request for the measurement of alcohol for about 30 minutes, without justifiable grounds, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling on the face, while driving a B car and freight vehicle on the road prior to 156-1 of the 156-1 of the 2010-1, which was sent to the scene of the accident by a traffic accident that meets the village marking seat.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A traffic accident report (1) actual survey report;

1. An accident site photograph;

1. Application of Acts and subordinate statutes to reports on the statement of the situation 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 that selects the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do111, Jan. 1, 2011>

1. Social service order under Article 62-2 of the Criminal Act;