beta
(영문) 인천지방법원 부천지원 2021.01.05 2020고단4057

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On February 8, 2017, the Defendant was sentenced to a suspended sentence of a fine of KRW 1.5 million due to a crime of violating the Road Traffic Act (driving) at the Incheon District Court.

[2] On July 27, 2020, the Defendant voluntarily reported 112 on the road in front of Busan City on July 27, 2020, 200, and stated that “the Defendant is to drink alcohol and drive alcohol,” and the Defendant’s E-ray car was stopped at the intersection on the road, and the Defendant’s E-ray car was demanded to comply with the alcohol measurement by inserting the alcohol reduction reaction into the drinking measuring machine three minutes, depending on the 30 minutes, depending on the south of the alcohol reduction reaction.

그럼에도 피고인은 음주 측정에 응하지 않으며 “ 내가 뭘 잘못했냐

The phrase “B” and “B” refused to take a measurement, and did not comply with a police officer’s request for a measurement without good cause.

Summary of Evidence

1. Each investigation report (in relation to the site conditions, etc.) on the defendant's legal statement, the statement of the situation of the driver who is placed in the police interrogation protocol, the notification of the result of crackdown on drinking driving, the driver's license register of motor vehicles using the drinking measuring instrument, the driver's license register of motor vehicles in the register of field photographs, and the response report requested to send the list of reported cases (in relation to the site conditions, etc.), each investigation report (the

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (the same records as the accused), decisions, and reports on detection and management of criminal history;

1. Relevant provisions of the Act and Articles 148-2 (1), 44 (2) and 44 (1) of the Road Traffic Act (a point of refusal to measure drinking), and the choice of imprisonment with prison labor for criminal facts;

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. The Defendant, with reasons for sentencing under Article 62-2 of the Criminal Act, was sentenced to a suspended sentence of a fine of KRW 1.5 million due to driving under drinking in 2017.