(영문) 서울서부지방법원 2020.11.05 2020고단2720

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2020.11.05 2020고단2720

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 3, 2014, the Defendant was issued a fine of KRW 5 million by the Seoul Central District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 4 million by the Seoul Western District Court on April 14, 2014, respectively.

On May 2, 2020, at around 07:25, the Defendant was driving from the front parking lot of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government B Apartment to D, and around 392m from the front road of the same Gu to D, the Defendant demanded the Defendant to respond to a drinking measurement by inserting the alcohol measuring instruments in a manner of inserting the alcohol measuring instruments into the right side of the pent, GW 530i vehicle, which was parked and stopped on the right side of the road, and caused a traffic accident following the left side of the pent, GW 530i vehicle, and dispatched to the site after receiving a report.

However, the Defendant did not comply with a police officer’s demand for measurement of drinking on three occasions at around 08:56 on the same day, on one occasion, around 09:01, and around 09:06, and did not comply with a police officer’s demand for measurement of drinking without justifiable reason.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, inquiry report on the results of the control of drinking driving (the details of the request for the measurement), investigation report, and investigation report (as to the notice of the negative measurement), and investigation report;

1. Criminal records, investigation reports (report on confirmation of the records of the same kind of crime), and application of Acts and subordinate statutes concerning summary order;

1. Relevant Articles 148-2 (1) and 44 (1) and (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. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act is as follows.

참조조문

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