logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.04.28 2014고단2802 (1)
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

Criminal facts

On September 23, 2014, at around 00:15, the Defendant, while drinking alcohol, driven a vehicle C with C in front of the “Edin” located in D Kimhae-si, was driving on the road in front of the “Edin” in Kimhae-si, and avoided the police officer’s demand for stopping, which was under drinking control, and parked in front of the F apartment located in the same Dong as it is,.

The Defendant was demanded to comply with a drinking test by putting the police officer, who was a police officer belonging to the G District in the Kim Sea Police Station G District of the Kim Sea, into the G District in the same Dong and driving the H along the G District in the same Dong, and making it impossible for H to enter the drinking measuring instrument four times from 01:05 to 01:42 on the same day.

Nevertheless, the Defendant, without any justifiable reason, did not cause harm to others, see the fact that he/she was driving under the influence of alcohol, or avoided a drinking test, and did not comply with the police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. A written report from an employee of an employer;

1. Application of each statute on photographs;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (including a violation of the law and a violation of the Road Traffic Act (including a violation of the same Act), which has no record of criminal punishment exceeding the fine);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

arrow