logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.08.30 2013고단1811
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

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 June 15, 2013, at around 22:25, the Defendant driven CK5 car while drinking alcohol on the road in front of the “surone Star Project,” which was in the East-gu Action, at the time, on the road. There was considerable reason to recognize that the Defendant was driven under the influence of alcohol, such as smelling, smelling, and suring red, from the border of the Dongducheon Police Station traffic control department, which was under the control of drinking driving at the time, the Defendant was demanded from around 22:36 on June 15, 2013 to respond to a drinking measurement by inserting the whole of drinking in three minutes from around 40:19 on the same day to around 40:19 on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Application of Acts and subordinate statutes to the ledger of use of drinking meters;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act may be applied to the defendant, but there is no violation

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

arrow