(영문) 창원지방법원 통영지원 2015.11.04 2015고단785

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자간(%)

(영문) 창원지방법원 통영지원 2015.11.04 2015고단785

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

At around 14:10 on July 1, 2015, the Defendant: (a) driven a 1.5km car at a section of approximately 1.5 km from the front of the 84th general social welfare center in the city of Mapo-si to the Mana-si parking lot located in B in the city of Mapo-si on the same day; (b) parked the said car without permission on the part of the Mato-si parking lot; and (c) this was between the owner of the Mato-si business and the Mato-si.

Accordingly, there was a considerable reason to suspect that a police officer belonging to the E Zone of the Posing Police Station E Zone called upon 112 was drunkly sniffed by the defendant and driven under the influence of alcohol, such as drinking alcohol, and drinking distance, etc., he was demanded to comply with the measurement of drinking for about 30 minutes by inserting the whole breath of the drinking measuring instrument.

Nevertheless, the Defendant avoided by refusal, and did not comply with a police officer’s demand for alcohol testing without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The circumstantial statement of the employee;

1. Application of the Acts and subordinate statutes on investigation reports (CCTV image CDs);

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, 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. According to Article 62-2 of the Criminal Act, the punishment against the defendant shall be imposed by taking into account the defendant's age, character and conduct, environment and circumstances after the crime, etc. of Article 51 of the Criminal Act, such as requesting the measurement of the reason for sentencing under Article 62-2 of the Act on community service and attending lectures and the reasons for refusal thereof, the defendant has been punished for the same kind of crime related to drinking, and the defendant's age, character

참조조문

-도로교통법 제44조 제2항

-도로교통법 제148조의2 제1항 제2호

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