(영문) 부산지방법원 2016.11.11 2016고단5286

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Reasons

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자간(%)

(영문) 부산지방법원 2016.11.11 2016고단5286

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

At around 03:50 on July 21, 2016, the Defendant is driving B SP car with drinking alcohol in front of the PSP car at the front of the PSY-dong at the bottom of the Busan SP-dong.

There are reasonable grounds to recognize that a police officer, who has conducted drinking control, was driving under the influence of alcohol while drinking, by putting his/her face with red-lighting and walking, etc., even though he/she was requested from 04:25 to 04:5 on the same day to respond to a request for the measurement of alcohol without justifiable grounds, even though he/she was required to comply with a request for the measurement of alcohol by inserting the breathm for four minutes from around 04:25 to around 04:5 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The user ledger of the measuring instruments for drinking;

1. Application of Acts and subordinate statutes to the investigation report (No. 1 of the evidence list);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there is a history of criminal punishment once for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, it is not good to form the crime by failing to comply with the measurement of drinking after drinking alcohol even though the person has been under criminal punishment once for the reason of sentencing under Article 334(1) of the same Act, the fact that the person has no record of criminal punishment for the same crime except for the criminal punishment of a fine due to drinking driving, and that there is no record of criminal punishment for the same crime other than the criminal punishment of a fine due to drinking driving, the punishment shall be

참조조문

-도로교통법 제44조 제2항

-도로교통법 제148조의2 제1항 제2호

-형법 제69조 제2항

-형법 제70조 제1항

-형사소송법 제334조 제1항

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