beta
(영문) 의정부지방법원 고양지원 2017.02.03 2016고단3473

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 19, 2016, the Defendant was driving a rocketing car without obtaining a driver’s license from around 10 meters in front of the “C convenience store” in the front of the “C convenience store”, which is the engine of the satise at the time of waveing around 22:39 on October 19, 2016, to the road in front of the “C convenience store” located at the time of waveing.

2. Violation of the Road Traffic Act (Refusal of the measurement of drinking), Defendant 2 driven a motor vehicle under the influence of alcohol, such as drinking, smelling, drinking, reding on the face, etc. from the Defendant from the “C convenience store” front of the “C convenience store” located in B at the time of the strike of the same day, who was reported and called after the receipt of the report.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver of a vehicle driving, notification of the results of crackdown on drinking driving, investigation report (suspect A refusing to measure drinking, refusing to affix his/her signature and seal), and the register of driver's licenses;

1. Application of statutes on site photographs;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments for each crime) of the aggravated concurrent crimes;

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. The reason for sentencing under Article 62-2 of the Criminal Act is the confession and reflect of the defendant, the record of punishment for drinking driving (time a fine on June 2016), the gap between the immediately preceding day of the punishment, the fact that there is no record of punishment exceeding the fine, the defendant's age, sex, sex, environment, occupation and experience, family relationship, motive and circumstance of the crime, the details of the crime, and the following facts.