logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2017.06.22 2017고단60
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 23, 2016, the Defendant driven a Belgium car in the form of drinking in front of the Taeju-dong in the Taeju-si on December 23, 2016, while driving the crolar car in the form of drinking, and was under the influence of drinking, such as drinking and smelling on the face of the Defendant.

Although there are reasonable grounds to recognize it, the police officers belonging to the Kunju Police Station D District for about 30 minutes from E who were public officials belonging to the Kunju Police Station requested to respond to the measurement of drinking alcohol by inserting the whole in four minutes, it did not comply with it without justifiable grounds.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Application of the Acts and subordinate statutes to inquire into the results of the arrest report on the occurrence of the case, the report on the situation of the driver of the drinking, the report on the situation of the driver of the drinking, the notification of the control

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the Defendant’s history of criminal punishment for a fine twice due to drinking, and the Defendant committed a crime of the same kind of crime and injury resulting from driving of risk despite having been sentenced to a suspended sentence (applicable to a mitigated sentence in light of the fact that there was no calendar force that the Defendant had been sentenced to a suspended sentence) and thus, sentenced to a suspended sentence (Article 53 and 55(1)3 of the Criminal Act. The sentence is determined as per the text of the judgment, comprehensively taking account of the following circumstances, including the Defendant’s age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime.

arrow