beta
(영문) 창원지방법원 2020.09.15 2020고단717

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Criminal Power】 On June 5, 2013, the Defendant was sentenced to six months in the Changwon District Court to imprisonment for a violation of the Road Traffic Act (Refusal of measurement), etc., and ten months in the same court on October 29, 2015, respectively. On December 22, 2017, the same court sentenced one year to imprisonment for a violation of the Road Traffic Act (Refusal of measurement) and completed the execution of the sentence in the Busan Correctional Institution on December 21, 2018.

【Criminal Facts】 Around 23:10 on January 5, 2020, the Defendant, while under the influence of alcohol, driven a Fpoter freight vehicle from “C” to “E” located in “E” located in “E” in the same window from “C” to “E” located in the window of Changwon-si, under the influence of alcohol. On the other hand, the Defendant continued to drive a Fpoter freight vehicle at approximately 200 meters from “E” and was arrested as a flagrant offender and was arrested to the police officer who was dispatched after receiving a report of parking expenses from “E” to G, etc., and was transferred to the I police box located in H in the same counter of the same day on the same day.

In light of the defendant's statement that the face of the defendant was scarping, smelling, drinking alcohol while driving a motor vehicle, and the above G et al. with the defendant's parking problem, etc. in light of the above G et al., the defendant was under sufficient circumstances to suspect that the defendant driven a motor vehicle under the influence of alcohol in light of the defendant's statement that the defendant was under the influence of alcohol, etc., even though the above I police box was requested four times from 23:50 on the same day to 0:11 on January 6, 2020, the defendant did not comply with the police officer's request for the measurement of alcohol without justifiable reasons.

As a result, the defendant was punished for the violation of the Road Traffic Act(Refusal of measurement), and was driving a motor vehicle under the influence of re-driving, but did not comply with the police officer's measurement.

The Defendant, at around 17:50 on June 16, 2020, exchanged with a portable phone purchased before being drunk in M of the operation of the Victim L(24 years old) in Seongbuk-gu, Changwon-si, Changwon-si.

참조조문