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(영문) 수원지방법원 성남지원 2016.06.08 2016고단857
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 21, 2016, the Defendant driven a car on the road at a point of 407.6 km on the road of the Gyeongpung-dong, the Gyeongpung-dong, the Gyeongpung-gu, the Sungnam-si, the Gyeongpung-dong, and under the influence of alcohol, while driving a car on the Gap-si, while drinking. After the receipt of the accident, the Defendant driven the car under the influence of alcohol, such as smelling alcohol to the Defendant and making a red light on the face of the Gapung-dong, the Gyeongpung 3 Team of the Gyeongpung-gu, the Gyeongpung-dong, the Korean National Police Agency

Even though there are reasonable grounds to determine a person, a police officer was requested to comply with the measurement of drinking by inserting the whole breath of a drinking measuring instrument over about 20 minutes, he/she did not comply with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving, notification of the results of crackdown on drinking driving, and application of Acts and subordinate statutes to photographs refusing measurement;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the most supported by the wife and his/her child. In cases where a person is sentenced to imprisonment, the punishment under the ordinary rules is imposed. Thus, the decision is made as ordered in consideration of the Defendant’s age, family environment, power, the process of the instant act, and the distance of drinking driving, etc., by taking into account all the circumstances, such as the Defendant’s age, family environment, power, the background of the instant act and the distance of drinking driving.

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