beta
(영문) 광주지방법원 순천지원 2021.01.14 2020고단2375

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 26, 2007, the Defendant was sentenced to imprisonment for four months with labor for a violation of road traffic law in the Jinwon District Court's Jinju branch, etc., and six months from imprisonment with labor for a violation of road traffic law in the Gwangju District Court's net support on June 26, 2009, and six months from October 7, 2015 for a violation of road traffic law in the Gwangju District Court's net support on October 7, 2015.

The Defendant, at around 16:30 on August 26, 2020, driven the above string car while drunkly under the influence of alcohol, such as a fluorous distance to the extent that the Defendant 112 was under the influence of alcohol and visited the police station in the foregoing Gu, from the police station D police box belonging to the police station of the former police station called the Defendant after receiving a 112 report to the effect that: (a) the Defendant driven the Defendant with a low-speed car in the influence of alcohol from his/her staff member at the police station of the above Gu police station; and (b) he/she driven the above fluorous car in the influence of alcohol, such as a fluorous distance to the extent that the face fluords and the body cannot be accumulated.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the Defendant committed a violation of Article 44(1) or (2) of the Road Traffic Act by failing to explicitly comply with a police officer’s request for alcohol alcohol measurement, while speaking to the effect that “the Defendant would not take a drinking test.”

Summary of Evidence

1. Report on internal investigation of the defendant's legal statement B (as to the situation at the time of dispatch to the scene and arrest of flagrant offenders)

1. Investigation report (report on the situation of the driver in charge);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), text of the judgment, and three subordinate statutes;

1. Article 148-2 subparag. 1, 44(1) and (2) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), Articles 148-2 subparag. 1, 44(1) and (2) of the same Act, the selection of punishment for a crime

1. The reason for sentencing of Articles 53 and 55(1)3 of the Criminal Act (the favorable circumstances among the reasons for sentencing) is for driving under the influence of alcohol.