(영문) 춘천지방법원원주지원 2020.10.16 2020고단636

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원원주지원 2020.10.16 2020고단636

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for one year.

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 23, 2020, at around 01:45, the Defendant was required to respond to a drinking test by inserting alcohol into a drinking measuring instrument four times in total from around 02:00 to 02:19 on the same day, but the Defendant was required to comply with the drinking test by inserting alcohol in a manner of inserting alcohol measuring instruments four times in total from around 02:00 to 02:19 on the same day, on the following grounds: (a) the Defendant was reported to be suspected of driving under the influence of alcohol; and (b) the Defendant was reported to be suspected of driving under the influence of alcohol; and (c) from the slope G belonging to the former Police Station of the original Police Station called up on the road in front of the original City, the Defendant was informed of the suspicion of driving under the influence of alcohol; and (d) the Defendant was under the influence of alcohol,

Accordingly, the defendant did not comply with the police officer's measurement in a situation where there is a considerable reason to recognize that he is under the influence of alcohol.

Summary of Evidence

1. Application of Acts and subordinate statutes to the Defendant’s legal statement, reporting on the status of his/her driver, reporting on the circumstantial statement of his/her driver, taking-on photographs at the scene of drinking control, and reporting on the inside of the CCTV image screen of the city information center;

1. Relevant Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Although the sentencing of Article 62-2 of the Criminal Act is not good for the reason of sentencing, considering the fact that mistake is recognized and reflected, the fact that there is no record of punishment exceeding the fine, etc., and other circumstances revealed in the trial process of this case, including the defendant's age, character and conduct, family relationship, environment, etc., a punishment as ordered shall be determined against the defendant.

참조조문

유사 판례

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