(영문) 의정부지방법원 2019.01.22 2018고단4859

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.01.22 2018고단4859

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for one year.

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

At around 23:30 on October 5, 2018, the Defendant was found to have driven under the influence of alcohol on the ground that: (a) the Defendant was under the influence of alcohol, such as: (b) he was under the influence of alcohol, and (c) he was under the influence of alcohol, and (d) he was under the influence of the Defendant’s vehicle due to the reasons why the Defendant was under the influence of alcohol while driving the Crane vehicle in a drinking condition before the stoper of the underground parking lot of B apartment building in the southyang-gu, the Defendant was under the influence of alcohol; and (d) the Defendant was under the influence of alcohol due to a witness’s statement that the Defendant was under the influence of alcohol, such as he was under the influence of alcohol, he was under the influence of alcohol; (d) the Defendant was under the influence of alcohol; and (d) the Defendant was under the influence of alcohol on the face; and (d) the Defendant was under the influence of alcohol at around 0:01, around 00:18.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The application of Acts and subordinate statutes to the ledger on the use of drinking-free meters and investigation reports (report on the circumstances of drinking drivers);

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The Defendant, with the reason of sentencing Article 62-2 of the Criminal Act, refused to measure the drinking alcohol even before and after drinking alcohol, even if it reaches three times.

However, the punishment shall be determined in consideration of the violation of the crime of this case, the fact that there is no previous conviction exceeding the fine, and the circumstances leading to the crime of this case.

참조조문

-도로교통법 제44조 제2항

-도로교통법 제148조의2 제1항 제2호

-형법 제62조 제1항

-형법 제62조의2

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