beta
(영문) 대전지방법원 2017.11.22 2017고단2862

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

On July 9, 2017, the Defendant: (a) while drinking alcohol on the D Mat in front of the Daejeon-gu, Daejeon-gu, Daejeon-gu, while drinking alcohol on the D Mat on the road, was under a resistance of F to have driven alcohol from F; and (b) immediately after the Defendant escaped from the above place 20 meters away from the said place, the Defendant was under the influence of alcohol by drinking alcohol from F after receiving a report from F that the Defendant would drive alcohol, the Defendant was under the influence of alcohol, such as drinking alcohol from H while driving alcohol on the face.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of a person who violates traffic laws on roads;

1. A photograph of a driving control area under the influence of alcohol;

1. Application of enforcement manual statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there are two times the records of the crime of drinking alcohol driving, and the circumstances favorable to the fact that the crime is not good for refusing to measure the drinking alcohol: The confessions and reflects, the fact that all the records of the crime of drinking alcohol driving are the past record of fine and the last four years prior to the final power;