logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.10.22 2019고단2117
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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 April 13, 2019, at around 02:42, the Defendant was required to respond to the measurement of alcohol by inserting alcohol over about 15 minutes, on the front of Cmiddle School located in Seoul Special Metropolitan City, Nowon-gu, the Defendant, while driving DMW car under the influence of alcohol, on the front of the Cmiddle School, and there was a considerable reason to recognize that the Defendant was driven under the influence of alcohol, such as drinking alcohol by drinking alcohol, drinking alcohol from E in the Seoul Labor Relations Commission E and F in the process of belonging to the Seoul Labor Relations Commission, and slope G from slope G, drinking alcohol, singing red, etc.

Nevertheless, the defendant means that "I will be dealt with by the refusal of match measurement", and the defendant did not comply with a police officer's request for a alcohol measurement without a justifiable reason by avoiding it by putting it into the roadside and refusing to put it into drinking on the roadside.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on the circumstances of running a driving under the direction of a driver, the report on the circumstantial statement of a driver under the influence of an employer, and the investigation report;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. The defendant of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though he/she had been punished several times due to drinking driving, etc., again conducted drinking driving and refused to measure drinking of this case, so the defendant needs to be punished corresponding thereto.

However, the Defendant’s mistake is divided and reflected that he will not repeat the same mistake, and there is no heavy criminal punishment that exceeds the suspension of the execution of imprisonment prior to the instant case.

The driver has not caused traffic accidents due to drinking driving, the driver has disposed of the vehicle, and has been engaged in volunteer activities for more society.

Persons around the defendant shall be the defendant.

arrow