logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2018.02.20 2017고단868
도로교통법위반(음주측정거부)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. On October 27, 2017, the Defendant was driving a C-A-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-C-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-C-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

2. A defendant, who violated the Traffic Act on the road, caused an accident that is caused by the curbstones on the road in front of a bus stop at the end of the above day, and was driven while under the influence of alcohol, such as drinking, smelling, and a snicking distance.

Due to reasonable grounds, there was a need to respond to the measurement of alcohol by inserting the whole influence of alcohol measuring devices from the slope E belonging to the Hongsung Police Station D District, which was demanded to comply with the alcohol testing by inserting the whole influence.

Nevertheless, the Defendant refused to measure the fourth-lane drinking in around 21:50 on the same day, 22:09 on the same day, 22:16 on the same day, 3:22 on the same day, 22:22 on the same day.

Ultimately, the Defendant is in a drunken state.

A person who has reasonable grounds to be appointed as a person has not complied with a police officer's measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the report on the circumstances of drivers;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and all the conditions of sentencing indicated in the records, such as Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the instant crime, etc., the order is issued.

arrow