(영문) 청주지방법원 2015.11.17 2015고단1546

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2015.11.17 2015고단1546

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 September 16, 2015, around 01:04, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument for about 30 minutes, in a manner that the Defendant was under the influence of alcohol, while driving the said vehicle under the influence of alcohol on the road located in Seowon-gu, Seowon-gu, Seowon-si, and parking and driving the said vehicle under the influence of alcohol. The Defendant was required to comply with a drinking test by inserting it into a drinking measuring instrument for about 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as being under the influence of alcohol, by driving the said vehicle under the influence of alcohol.

Nevertheless, the Defendant refused to comply with a police officer’s request for alcohol testing by means of not inserting the whole in a drinking measuring instrument, and thus failed to comply with such request without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Statement of control of the F;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

1. The execution of a sentence shall be suspended by determining the period of punishment by discretionary mitigation after choosing imprisonment with prison labor, such as the defendant's records of punishment for drunk driving, the fact that the defendant is making a confession, the background of the crime, the age and character of the defendant, the circumstances after the crime, etc., and issuing a social service and compliance driving instruction;

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

참조조문

-도로교통법 제44조 제2항

-도로교통법 제148조의2 제1항 제2호

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