beta
(영문) 전주지방법원 군산지원 2018.07.06 2018고단382

도로교통법위반(음주측정거부)

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

around 00:40 on March 30, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as driving a motor vehicle under the influence of alcohol, such as: (a) the Defendant, a driver of the Yan Police Station C District of the Yansan Police Station, who was called after receiving a report of 112 that he/she had taken a parking vehicle at B apartment 3 B apartment units at the same parking lot; (b) the background of the C District of the Yan Police Station, the driver of the Yansan Police Station, with a red color

There are reasonable grounds to recognize the same day, the same day was demanded to respond to the measurement of drinking by inserting the whole in a measuring instrument for drinking, but it was rejected without justifiable reasons. On the same day, the second demand for the measurement of drinking around 01:51, and the third demand for the measurement of drinking around 02:05 on the same day was rejected without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to a copy of the usage register of drinking meters;

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, the choice of imprisonment for a crime, and the choice of a punishment (it shall be taken into account the fact that two times a person was punished for driving under drinking and again refuses to take a measurement of drinking although he/she was punished for driving under drinking again);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (to take account of the fact that the distance from which a person drives a motor vehicle while driving a motor vehicle while driving a motor vehicle to park a motor vehicle after moving his/her place of residence on behalf of the motor vehicle and driving a motor vehicle to park a motor vehicle is very short, and that there is only the power of receiving a fine twice due to driving a motor vehicle by drinking);

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

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;