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(영문) 광주지방법원 순천지원 2016.07.27 2016고단293
도로교통법위반(음주측정거부)등
Text

[Defendant A] The defendant shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. On December 16, 2015, the Defendant, who refused to take a drinking test, was exposed to police officers, such as G, etc., while driving a high-priced car with E in front of the Shin Young-gu Library, a library 1-ro, at the time of the 1st century, while drinking on the front of the Shin Young-gu, 2015.

At the time when the defendant's vehicle stops in the vicinity of the drinking control site without any justifiable reason, and the above police officer observed this, he found that the defendant moved from the driver's seat to the back-side, and the fluor of the fluor moving the seat to the driver's seat, as well as the defendant was driven under the influence of alcohol by the defendant, such as smelling on-site and snicking on the face.

The police officer demanded that the defendant comply with the measurement of drinking alcohol by inserting approximately 40 minutes a part of the 40 minutes of drinking, on the ground that there are reasonable grounds for appointment of a person, but the defendant did not comply with such demand without justifiable grounds.

Accordingly, the defendant is in a drunken state.

A person who has a reasonable ground to be appointed as a person has not complied with a police officer's drinking test without justifiable grounds.

B. At the same time and time as mentioned in the above paragraph, the Defendant also caused B to sit in a driver’s seat by stating that “I am on the back seat above the rear seat and drive the vehicle on the driver’s seat.” On the same day, B had B sit in a driver’s seat, and conducted a drinking test as if B driven a motor vehicle on the 11:55 of the same month, and also driven B to I who was in charge of the same police station H department where the investigation of the above case was conducted on November 21:5 of the same month.

By making a false statement, the criminal attempted to escape.

2. The Defendant B, on December 16, 2015, is a traffic control police officer in front of the new sub-committee, a library 1-ro, Seo-gu, Seocheon-si, Seocheon-si, in order to ensure the safety of the Defendant.

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