(영문) 청주지방법원 충주지원 2017.04.19 2016고정176

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 충주지원 2017.04.19 2016고정176

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 7, 2016, the Defendant was driving a Bcoon car around 22:40 and driving the Bcoon road in front of the Hah-gun of the Hahbuk-gun, the Defendant reported that the police officers belonging to the D District Police Station D of the Hahbuk-gu Police Station are controlling the driving of alcohol in the vicinity, and then the Defendant suspended the said car, and then was discovered to the said police officers, who suffered damage to the said police officers.

The defendant was driven under the influence of alcohol, such as smelling at the entrance and snicking a little face with a little red and sloping, and speaking as a horse with a tag.

There was considerable reason to suspect.

The Defendant, from around 23:00 to around 23:12 of the same day, demanded the Defendant to comply with the drinking alcohol measurement by inserting approximately 12 minutes in a drinking measuring instrument in the above place, but did not comply with the Defendant’s request without justifiable grounds, and the F and G used the Defendant’s wife to assault and take a bath against police officers, such as the Defendant’s wife F and E, and fled while interfering with the drinking alcohol measurement.

Accordingly, the defendant is in a drunken state.

A person who has reasonable grounds to be appointed as a person has not complied with a police officer's measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act, which led to the defendant's reasons for sentencing of Article 334(1) of the Criminal Procedure Act, are recognized and reflected in all of the crimes of this case, the defendant has no previous conviction since 199, and the defendant has no previous conviction for the same kind of crime, etc. shall be determined as ordered in light

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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