(영문) 대구지방법원 2013.10.11 2012고합694

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2013.10.11 2012고합694

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 20, 2012, at around 17:15, the Defendant was required to respond to the measurement of alcohol by inserting approximately 30 minutes of the alcohol measuring instrument in a manner that makes it difficult to recognize that the Defendant driven under the influence of alcohol, such as smelling and smelling on the face of the Defendant, from a slope D belonging to the Glish Police Station, while driving a b freight vehicle under the influence of alcohol, while driving the b freight vehicle in the influence of drinking.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Ethical letters;

1. A written notification of a person who has failed to comply with a drinking test, a report on detection of a drinking driver, and a circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to report internal investigation (related to photographing, such as a measurement of alcohol by A);

1. Relevant Article of the Criminal Act and Articles 148-2 (1) 2 and 44 (2) of the Criminal Act concerning the selection of criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act, and the defendant, even though he/she had been punished several times due to a violation of the Road Traffic Act, did not comply with a police officer's request for measurement of legitimate drinking without justifiable reasons as stated in the ruling, and thus, there is a need to sentence the defendant corresponding to the quality of the crime

On the other hand, however, the defendant seems to have a difficult living, and all criminal facts in the judgment of the investigation agency have been recognized and reflected.

In full view of these circumstances and all of the sentencing conditions indicated in the arguments and records of the instant case, the sentence was determined as per Disposition.

It is so decided as per Disposition for the above reasons.

참조조문

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