beta
(영문) 수원지방법원 2017.11.14 2017고단5920

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Criminal facts

On July 1, 2017, the Defendant, while driving Dsch Rex tons on the front and rear IC on July 22:50, 2017, driven a motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant and snicking on the face of the Defendant, from F, who belongs to the police station E box in the Motern East Police Station, while driving the motor vehicle under the influence of alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 15 minutes into a drinking measuring instrument.

Nevertheless, the Defendant was not driving, and the Defendant did not comply with a police officer’s request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

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. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:

The defendant is deeply divided into and reflected in the crime of this case.

The instant crime did not cause any personal and material damage.

The defendant has no previous convictions of imprisonment.

The family and branch members of the defendant are seeking the wife of the defendant.

Circumstances unfavorable to the defendant are as follows:

In 2010, the defendant was sentenced to a fine of KRW 5 million due to the refusal to measure drinking around 2010.

The defendant has a history of criminal punishment on several occasions due to driving of alcohol or driving without a license, which includes the history of imprisonment with prison labor for 8 months with prison labor for driving of alcohol or driving without a license in 2012.

In addition to the above circumstances, the records and arguments of this case, such as the defendant's age, sex, career, environment, background and result of the crime, and the circumstances after the crime, are revealed.