beta
(영문) 춘천지방법원 원주지원 2016.09.19 2016고단762

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 18, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a B-learning car without a driver’s license at approximately 10km section from the 10km section from the 10km road to the entrance road at the 10km-ri-ri-ri-ri 894-1 motor vehicle driving on the 0km-ri-ri Crossing-ri-ri Crossing-ri-ri Crossing-ri-ri Crossing-ri-ri.

2. On July 18, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking, smelling from the Defendant, who was locked on the left-hand side of the road while driving the motor vehicle under the influence of alcohol at the entrance of the front 894-1 motor vehicle at the beginning of the front of the city at the front of the city on July 18, 2016, by drinking, while driving the motor vehicle under the influence of alcohol without a driver’s license.

Since there are reasonable grounds to determine the seal, it was demanded to comply with the alcohol alcohol measurement by inserting the whole in four times from D statusD belonging to the original police station C District to D status D statusd 03:40 on the same day, to 04:14 on the same day.

Nevertheless, the Defendant avoided the method of keeping a drinking measuring instrument in his/her hands, and did not comply with the police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Application of each statute on photographs;

1. Relevant Article of the Act and Articles 148-2 (1) 2, 44 (2), and 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a crime: Selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which 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. Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to attend lectures;