(영문) 창원지방법원 2013.07.18 2013노624 | 리걸엔진

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(영문) 창원지방법원 2013.07.18 2013노624

도로교통법위반(음주측정거부)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. The judgment of this case is that the defendant did not comply with the police officer's request to take a drinking test on the ground that there are reasonable grounds to recognize that the defendant was driving in a bus stop when he was under the influence of alcohol by using his own car, and caused a contact accident after parking, the crime of this case is not easy to say that the defendant did not comply with the drinking test. On the other hand, the defendant did not repeat the crime of this case in his depth, there are no specific criminal records except for the fine before 38 years old, the defendant has to work for the elderly aged 73 years old, and the defendant is in a position to support the wife who is the disabled of the second degree in the face of the brain disease with the monthly income of 100,000 won in his duty, and other character, character and environment of the defendant, the background and result of the crime of this case, circumstances after the crime of this case, etc., the defendant's assertion that this part of the judgment of this case is unreasonable and reasonable.

3. Accordingly, the defendant's appeal of this case is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

1. Discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (Consideration favorable to the grounds for reversal);

1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.

참조조문

-도로교통법 제44조 제2항

-도로교통법 제148조의2 제1항 제2호

유사 판례

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-서울남부지방법원 2013.09.26 2013고단2675