beta
(영문) 광주지방법원 해남지원 2013.08.14 2013고단127

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 4, 2010, the defendant was sentenced to a fine of 500,000 won for a violation of the Road Traffic Act in Gwangju District Court's support on January 4, 2010, and the same power is more than once.

On May 28, 2013, at around 22:15, the Defendant: (a) committed a traffic accident while driving a franchising truck at a police box located in the Donnam-gun B; (b) there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as taking a serious smell in the Defendant’s entering the police station; and (c) taking the face with a redlight belt, etc., the Defendant requested the police officer to comply with a request for the measurement of drinking alcohol by inserting approximately 30 minutes from the slope E belonging to the police box of the Don Police Station, in a manner of inserting it into a drinking measuring instrument three times more than a 30-minute, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report refusing to measure alcohol;

1. The circumstantial report of a host driver (A);

1. On-site photographs;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, and copies of summary orders under two Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;