(영문) 제주지방법원 2018.10.31 2018고단1042

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 제주지방법원 2018.10.31 2018고단1042

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Around 03:30 on April 1, 2018, the Defendant, while driving a C C C C Crrrick in a state of drinking, was driven under the influence of alcohol, such as being driven by the Defendant, from the slope F of the Seocho-gu Police Station E box, who was dispatched by the Defendant, on the 112 report that, while driving the road in front of the two-lanes of the Prown-gu, Seopo-gu, Seopo-si, Seopo-si, the front of the two-lanes of the Trown-gu, Seopo-gu, Seopo-si, the front of the two-lanes of the road, which was installed on the right side of the road, from the front of the front of the road to the front of the front of the school, by taking the front of the road as the Defendant’s driver’s car.

Due to reasonable grounds, 04:16 on the same day, 04:21 on the same day, 04:26 on the same day, 04:26 on the same day, and 04:32 on the same day, it was required to respond to the measurement of drinking by inserting the whole in four occasions.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for alcohol testing without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Each G statement;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The application of Acts and subordinate statutes to the ledger on the use of drinking-free measuring instruments (0648F);

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. Article 62 (1) of the Criminal Act on the suspension of execution (including the reflective fact and the fact that there is no record of crime exceeding the fine);

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;

참조조문

-형법 제62조 제1항

-형법 제62조의2

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