beta
(영문) 서울서부지방법원 2013.10.01 2013고단206

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 12, 2013, the Defendant was required to comply with a drinking test in a manner of inserting alcohol over about 30 minutes by inserting the snow into a drinking measuring instrument on the front of the 4th amamba-dong, Eunpyeong-gu Seoul Metropolitan Government 23-6, the 4th amba-dong, the Defendant failed to comply with the demand for a drinking test by a police officer without justifiable grounds, despite the Defendant’s failure to comply with the demand for a drinking test without justifiable grounds, while driving a ambatop car in front of the amba-dong, Eunpyeong-gu Seoul Metropolitan Government 23-6 amba-dong 23-6 amba-dong, and D in the circumstances where the Seoul Western Police Station guard and the traffic safety department belong to the traffic safety department.

Summary of Evidence

1. Each legal statement of witness E, F, D, G, and H;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Control note;

1. On-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. According to each of the above evidence regarding the assertion by the Defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, it may be acknowledged that the Defendant took advantage of the control of the truth, etc., but it is not found that the Defendant had a lack or weak ability to discern things at the time of committing the instant crime.

The reason for sentencing is that the defendant denies the crime, that the defendant has been punished six times (four times of fine, four times of suspended sentence, two times of suspended sentence) due to drunk driving or unlicensed driving only after 2000, and the defendant's age, character and conduct, motive and circumstances of the crime of this case, and the circumstances after the crime, etc. are considered as a whole, and the punishment shall be determined as ordered, taking into account all the conditions of the punishment as shown in the arguments of this case,