logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2012.12.14 2012고합968
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 22, 2012, at around 03:33, the Defendant was demanded to respond to a drinking test by inserting alcohol into a drinking measuring instrument for about 33 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven a car to be driven under the influence of alcohol, such as smelling and smelling on the face, while driving a car to be driven in front of the postal hotel located in the Busan-dong, Busan-gu, Busan-do.

Nevertheless, the defendant continued to change the remaining parts of the above D and avoided it by means of turning off time, and did not comply with the police officer's demand for alcohol measurement without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to photographs refusing measurement;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the defendant has already been subject to criminal punishment three times due to drunk driving, and the defendant is in need of a strict punishment corresponding thereto in light of the fact that the defendant has already been subject to criminal punishment three times due to drunk driving and has failed to comply with the request for

I would like to say.

However, the fact that the defendant repents his mistake and reflects his mistake, for the last six years, there is no record of punishment for drunk driving, the defendant with visual disability is supporting the disabled as a basic recipient of basic living who is physically disabled and is living alone, and again, he disposes of his motor vehicle on August 11, 2012, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, family relation, shall be determined as the same as the disposition.

arrow