(영문) 수원지방법원 평택지원 2013.04.10 2012고합278

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자간(%)

(영문) 수원지방법원 평택지원 2013.04.10 2012고합278

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 20, 2012, at around 05:30 on March 20, 2012, the Defendant was required to take a alcohol test on three occasions (round 05:38, around 05:49, around 06:05) while under the influence of alcohol, on the grounds that there are reasonable grounds to recognize that he/she was driving a Egrative vehicle under the influence of alcohol, such as holding red at the face of the police box of the Seongbuk Police Station and smelling at the seat of the police box. However, the Defendant did not comply with it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of traffic accident evidence photograph Acts and subordinate statutes;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. In a situation where there is a considerable reason to recognize that the defendant was driving under the influence of alcohol due to the sentencing of Article 334(1) of the Criminal Procedure Act, there is no possibility of criticism in that the police officer's demand for a alcohol test was made three times or more for 30 minutes, and that the last refusal was made subsequent to the transfer to the hospital.

However, it appears that the defendant would be against the defendant's intent to commit the crime of this case, and the defendant demanded that the defendant return to the hospital first in the state where the defendant was faced with an abundance of the face and the bones of the mathy, due to traffic accident, and it would be deemed that the defendant's refusal of the request for a alcohol alcohol measurement due to the disregarding it would have led to the refusal of the request for a alcohol alcohol measurement due to the lack of appraisal, considering the circumstances favorable to the defendant, and taking into account all other circumstances, such as the defendant's age, character, conduct

It is so decided as per Disposition for the above reasons.

참조조문

-도로교통법 제44조 제2항

-도로교통법 제148조의2 제1항 제2호

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