(영문) 의정부지방법원 2019.11.27 2019고단4139

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(영문) 의정부지방법원 2019.11.27 2019고단4139

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 15, 2019, the Defendant was required to take a drinking test from 20:55 to 21:13 on July 15, 2019, and did not comply with the request for a drinking test, on the grounds that the Defendant was dispatched to the road B prior to the Namyang-si, after receiving a report on the suspicion of drinking driving, smelling alcohol, walking, and walking, etc.

Accordingly, the defendant did not comply with the drinking test of police officers even though there is a considerable reason to recognize that he was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of statutes on site photographs;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (2) and 44 (2) of the Road Traffic Act which choose the penalty;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order includes imprisonment with prison labor for the same kind of crime, such as drinking, driving without a license, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, refusal of measurement of drinking, etc. even before the defendant has been punished

Nevertheless, the driver was driving under the influence of alcohol, and thereafter did not comply with the police officer's request for measurement of alcohol.

It is necessary to punish the defendant strictly.

However, the circumstances favorable to the fact that the defendant recognized the crime and disposes of the vehicle by mistake that the defendant does not drive under the influence of alcohol shall be considered.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

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