(영문) 수원지방법원 안산지원 2019.09.27 2019고단2530

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안산지원 2019.09.27 2019고단2530

도로교통법위반(음주측정거부)

Text

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

On July 6, 2019, at around 00:30 on July 6, 2019, the Defendant: (a) while driving a luminous motor vehicle in front of the luminous six-way street, and (b) while driving a motor vehicle in front of the street near the luminous six-way, the Defendant was on considerable grounds to recognize that he/she driven the motor vehicle in the under the influence of alcohol, such as a red, cross-roping, and a string distance; (b) on the other hand, the Defendant was requested to comply with the breath test by inserting the breath of the luminous Police Station C Zone D from July 6, 2019 to 0:57, but did not comply with the request for the alcohol testing without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on the state of driving under influence of alcohol, notification of the results of the control of driving under influence of alcohol, report on the state of driver under influence of alcohol, investigation report (report on the state of a driver under influence of alcohol), and copy

1. Relevant Article 148-2 (2) of the Road Traffic Act, the choice of punishment for the crime, 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The crime of this case is committed by a defendant who fails to comply with a police officer's request for measurement of drinking without any justifiable reason, and is not good to commit such crime, and circumstances favorable to the fact that drinking driving force is once (a fine of one million won, 2007): The defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc. are recognized, and the punishment shall be determined as ordered in the same manner by taking into account various factors of sentencing as shown in the process

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