(영문) 대구지방법원 2013.08.22 2013고단3781

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(영문) 대구지방법원 2013.08.22 2013고단3781

도로교통법위반(음주측정거부)

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

On June 14, 2013, at around 14:30 on June 14, 2013, the Defendant: (a) while drinking about about 5 km sections from the Dolcheon-gun, Cheongcheon-do, Cheongcheon-do, Cheongcheon-do; (b) while drinking about 15:05 on the same day at the same time, the Defendant was demanded to take the front part of the said vehicle while driving the Dol Dol-do motor vehicle at approximately 5 km sections before the road of the Dolung-do, and then, (c) took the front part of the said vehicle at around 15:30 on the same day, he was voluntarily driven and moved to the police box by the Dol-gun, which was dispatched to the said traffic accident, and then smelled by the Defendant, and was able to recognize that the Defendant was under the influence of alcohol, such as the rain distance.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to investigation reports (as to refusal of noise measurement);

1. Relevant Article of the Criminal Act and Articles 148-2 (1) 2 and 44 (2) of the Criminal Act concerning the option of criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is limited to the charge of the instant crime even when the Defendant was punished four times due to drinking alcohol driving in the past. However, considering the following factors: the Defendant’s mistake is against the Defendant; the Defendant has no criminal record of suspended execution or more; the Defendant’s age, character and conduct, environment, relationship with the victim; the motive, means and consequence of the instant crime; the Defendant’s motive, means and consequence of the instant crime; and the sentence is determined as ordered in light

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