(영문) 서울중앙지방법원 2014.04.17 2014노504

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(영문) 서울중앙지방법원 2014.04.17 2014노504

도로교통법위반(음주측정거부)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged of this case because the defendant had no driving under the influence of alcohol and there was a justifiable reason to refuse the demand for alcohol measurement of this case.

B. In light of the Defendant’s economic situation of unreasonable sentencing, etc., the lower court’s sentence ( fine of KRW 7,000,000) is too unreasonable.

2. Determination

A. The crime of non-compliance with the measurement of alcohol under Article 148-2 (1) 2 of the Road Traffic Act is established when a person who has reasonable grounds for recognizing that a person is under the influence of alcohol fails to comply with the measurement by a police officer under Article 44 (2) of the same Act.

In full view of the following circumstances admitted by the evidence, i.e., (i) the Defendant’s vehicle at the time of the control of this case stopped on the road with his own movement, and the Defendant was locked in his driver’s seat; (ii) the Defendant was drunk in the foregoing vehicle; (iii) the Defendant was in an inaccurate, unsatisfying, etc.; and (iv) the Defendant’s vehicle was moved to a range of 200 meters after the first report according to the 112 Report by an witness at the time; and (iv) there was no evidentiary material proving the fact of the Defendant’s substitute driving. The Defendant’s assertion of mistake of facts is without merit.

B. In full view of the fact that the Defendant’s judgment on the assertion of unfair sentencing has the criminal records subject to multiple punishments due to drinking driving, and all of the sentencing conditions in the instant argument, including the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and the circumstances after the instant crime, even if considering the circumstances of the Defendant’s assertion, it cannot be deemed that the lower court’s punishment is too unreasonable.

3. Accordingly, in conclusion:

참조조문

-도로교통법 제148조의2 제1항 제2호

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