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(영문) 대전지방법원 2014.02.10 2013고단4119
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a driver of the Category C Launa car.

On September 14, 2013, at around 00:33, the Defendant: (a) driven the said car between the three lanes in front of the Alley-dong distance in Seo-gu Daejeon and the four lanes; (b) stopped, and (c) stopped only at the driver’s seat.

Accordingly, the police officer of the Daejeon Western Police Station, who was called upon the report of the person who was in motion, was accompanied by the defendant to the E zone of the Daejeon Western Police Station from 01:59 on the same day to 03:30 on the same day, and the defendant, who has considerable reasons to be recognized as driving under the influence of alcohol, such as smelling and smelling on the face, etc. in the above district office, was required to take a water level alcohol test.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the result of crackdown on drinking driving;

1. Photographs at the time of crackdown;

1. Report on the situation of running a motor vehicle on a motor vehicle;

1. Each report on investigation;

1. Application of anti-sex statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Mitigation of discretionary punishment under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 2011);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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