logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.10.21 2016고단3960
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 30, 2016, at least 00:50 on May 30, 2016, the Defendant was required to respond to the drinking measurement by inserting alcohol into four minutes by inserting alcohol measuring instruments for about 30 minutes until around 0:00, while drinking alcohol and driving CM520 vehicles while drinking alcohol, the Defendant was required to respond to the drinking measurement by inserting alcohol measuring instruments for about 30 minutes from around 0:00 to about 30 minutes.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉만 하고 화장실에 볼일이 급하다며 계속 측정을 회피하는 등 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

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

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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

1. Although there was a history of one-time criminal punishment due to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and conduct, environment, circumstances leading to the crime, circumstances after the crime, etc., and the reason for sentencing under Article 334(1) of the Criminal Procedure Act, as well as refusing to take a drinking test.

arrow