logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2017.01.18 2016고단1056
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 20, 2016, the Defendant: (a) driven under the influence of alcohol, such as driving of Cpoter cargo vehicles in front of a monthly village located in the high-speed Do of the Haak-dong, Haak-dong, Haak-dong, Hanam-do on September 20, 2016; (b) driving the Cpoter on the road beyond the median line; (c) driving the Cpool on the face; (d) driving the Cpool vehicle; (d) making the breath on the face; and (d) making it difficult for the Cpo

there was a reasonable reason to determine the person.

The Defendant, at around 20:35 on the same day, voluntarily accompanied to the police box E (a police box located in the same military forces) located in the same military branch from the same place, and from that time until 21:16 on 21:16 on the same day, did not put in the part of the Defendant, even though he was requested by the assistant F of the above police box to respond to the measurement of drinking, by inserting the whole breath from his assistant F to four times.

Accordingly, the defendant is in a drunken state.

Although there are reasonable grounds to determine the person, the police officer did not comply with a request for a measurement of drinking without justifiable grounds.

2. The Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license on the same day, driving a C Poter truck at a section of approximately 500 meters from the 19:45 on the same day to the front of a village located in the same Ri from the Do in front of the front of the right-on Do in the front of the right-on Do in the front of the right-on Do in 19:45 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of alcohol, reporting on the circumstances of driving of alcohol, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to photographs refusing to measure drinking;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act are the crimes of drinking alcohol driving.

arrow