logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.10.12 2018고단3084
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 30, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as: (a) the police officer of the House of the Government Police Station called up after receiving a report on DST5 vehicle driver’s seat in front of C on May 30, 2018; and (b) the Defendant driven a motor vehicle under the influence of alcohol, such as a low blood color, a little strhym and a little rhhym with a little strhym.

As there are reasonable grounds to determine a person, E was demanded to comply with the alcohol testing by inserting the whole breath during three times from May 30, 2018 to May 06:22, 2018.

Nevertheless, the defendant refused to put the breathm in a drinking measuring instrument, and failed to comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Investigation report (to listen to the statement of a police officer on crackdown of refusal to measure drinking by telephone);

1. A report on internal investigation:

1. A copy of the ledger using drinks for drinking;

1. Application of Acts and subordinate statutes to accident scene and vehicle photographs;

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 reason for sentencing under Article 53 and Article 55(1)3 of the Act on the Reduction of Small Quantity Mitigation refers to the following: (a) the Defendant purchased beer immediately before the crackdown on drinking of the instant case and driven the beer while driving the beer; and (b) the Defendant, after the control, purchased the beer before the crackdown on drinking of the instant case, was conducted; and (c) the Defendant’s water to be placed at the place where the police officer may suffer from drinking to measure drinking,

"........." and ".............."

새 물을 사 와라.” 라는 등으로 별다른 이유 없이 경찰관의 음주 측정요구를 거부하였으며, 음주 측정요구를 피하여 도망하려 시도하였고, 경찰관에게 ‘ 짭새 ’라고 말하는 등으로 경찰관에게 시비를 걸면서 경찰관의 가슴을 두 손으로 밀쳤으며, 심지어 단속...

arrow