(영문) 수원지방법원 여주지원 2015.10.21 2015고단688

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 여주지원 2015.10.21 2015고단688

도로교통법위반(음주측정거부)

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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

On July 21, 2015, the Defendant was driving in the influence of alcohol on the front of the Songcheon-si, No. 291-h. 69, in front of the Songcheon-si, 2015, the Defendant was found to have been driving in the influence of alcohol as a result of confirmation by the traffic control system slope C of the Leecheon Police Station, while driving the vehicle B, and there is a reasonable ground to recognize that the Defendant was driving in the influence of alcohol, such as snicking on the face, snicking on the face, making an inaccurate snicking and making an inaccurate snicking, etc., and from around 22:36 to 23:16, July 21, 2015, the Defendant refused a request from the above slope C to receive a measurement of alcohol by inserting the drinking measuring instrument four minutes in four minutes from 40 minutes to 23:16, and failed to comply with the demand of a police official for measurement of alcohol without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a driving under the influence of alcohol and the results of the crackdown on drinking driving;

1. A copy of the usage register of drunks;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The case where the accused, who has several records of punishment for the reasons of sentencing under Article 62-2 of the Criminal Act with regard to orders to provide community service and attend lectures, refuses to take a drinking test without justifiable grounds, and the nature of the crime is not minor;

However, the punishment was determined in consideration of the fact that the defendant confessions and reflects the crime, and that there is no record of the same kind of crime above the suspension of execution.

참조조문

-도로교통법 제44조 제2항

-도로교통법 제148조의2 제1항 제2호

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