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(영문) 의정부지방법원 2013.12.06 2013고단3776
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 01:10 on August 8, 2013, the Defendant driven a Ckiex vehicle under the influence of alcohol content 0.249% from the 15m section of alcohol content at approximately 15 meters from the 749-on-way road around the 749-dong 834-on-way road to the front corner of the elementary school located in the same 834-on-way road.

2. Violation of the Road Traffic Act (refluence of the noise measurement) (i.e., the Defendant driven the said vehicle under the influence of alcohol while driving the said vehicle under the influence of alcohol and driving it on behalf of the Defendant to the area adjacent to the D Hospital located in the city of Gyeonggi-do, which is located in the jurisdiction of the Defendant through an act of driving on behalf of the Defendant, and (ii) drive a section of approximately 100 meters up to the F Zone located in D at the time of the government, by driving the said vehicle under the influence of alcohol, for the purpose of resisting the above drinking control at around 05:23 August 2013, 2013.

The Defendant, as above, has a reasonable ground to recognize that he was driven under the influence of alcohol, and the Defendant avoided the request for a measurement of alcohol by a police officer without a justifiable reason, even though the Defendant was required to take a second-lane alcohol measurement at around 05:52 on August 8, 2013 from a slope G belonging to the F Zone, around 06:03 on the same day, around 06:03 on the same day, and around 06:26 on the same day, and did not comply with the request for a measurement of alcohol by

Summary of Evidence

1. Defendant's legal statement;

1. Statement of circumstantial statement of a driver of the driving school (Evidence No. 13 pages of evidentiary records);

1. Requests for appraisal;

1. CCTV caps taken by the suspect at the seat of a parking lot;

1. A copy of the register of drinkers used;

1. Statement of circumstantial statement of a driver of the driving school (Evidence No. 2, 16 pages of evidentiary records);

1. Application of Acts and subordinate statutes to a letter of results of the control of drinking driving (Evidence No. 2, 18 pages);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving) of the Road Traffic Act and Article 148-2 (1) of the Road Traffic Act, which provide for the choice of punishment for the crime;

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