beta
(영문) 창원지방법원 거창지원 2016.03.23 2016고단36

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On December 21, 2007, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law in the Changwon District Court's branch on December 21, 2007, and a summary order of KRW 2,00,000 for the same crime in the same court on March 27, 2009, respectively.

On December 19, 2015, at around 19:10, the Defendant driven a B B B B-a-car car with approximately 900 meters of alcohol from the front of the Taecheon-gun Kancheon-gun Gohap to the front road of the car service center in the same Eup/Myeon.

The Defendant driven a vehicle under the influence of alcohol, such as the Defendant appeared at a reaction during drinking, smelling, and snicking on the face, etc., from D inspector of the police box C of the Gohap Police Station where he was under the influence of alcohol, by driving the vehicle under the influence of alcohol.

Due to reasonable grounds, there was a demand from 19:26 to 45 minutes of the same day to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument.

그럼에도 불구하고 피고인은 고개를 돌려 피하거나 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous one and a copy of the judgment);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the defendant driving a drinking again even though he/she had been punished twice due to the previous drinking driving, and he/she did not comply with a police officer’s demand for measurement of drinking, etc., which is disadvantageous to the defendant.

On the other hand, the defendant committed his crime.