(영문) 대전지방법원 천안지원 2019.07.05 2019고단707

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(영문) 대전지방법원 천안지원 2019.07.05 2019고단707

도로교통법위반(음주측정거부)

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A defendant shall be punished by imprisonment for not less than eight 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

Around 21:50 on March 14, 2019, the Defendant refused to comply with the alcohol alcohol measurement by a police officer for about 40 minutes on the ground that there are reasonable grounds to recognize that the Defendant driven a motor vehicle while under the influence of alcohol, such as driving a motor vehicle under the influence of alcohol on the road of “C,” which was driven by the Defendant on the front of “C” in Asan City, Asan City, upon receiving a report on the suspicion that the driving of the motor vehicle under the influence of alcohol was suspected, by the Defendant, from the head F of the police station belonging to the ASEAN Police Station E zone of the ASEAN Police Station, he was called out.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Suppression photographs;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 148-2 (1) 2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment, etc.

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is a very dangerous crime that may cause the occurrence of traffic accidents by raising the possibility of occurrence of traffic accidents, and thus, the defendant is bound to bear strict responsibility for the acts related thereto, even in order to prevent it. The defendant committed the crime of this case even though he was punished twice by a fine due to a drunk driving in the past. Meanwhile, the defendant led to the crime of this case; the defendant led to the confession and reflect of the crime of this case; and the defendant has no criminal record of any criminal punishment other than the above drunk driving. The punishment of this case shall be determined as per the disposition, taking into account all the circumstances revealed in the records and arguments of this case, such as the fact that

참조조문

-도로교통법 제44조 제2항

-도로교통법 제148조의2 제1항 제2호

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