logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.01.14 2015고단7297
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 29, 2015, the Defendant was under the influence of alcohol, such as smelling and smelling on the face of the Defendant from a slope C belonging to the traffic inspector of the Gyeyang Police Station while driving a Bone Starsch in front of the pond 67-ro forest of Gyeyang-gu Incheon Gyeyang-gu, Incheon, while drinking alcohol on September 29, 2015;

There is a reasonable reason to determine a seal, and around 02:29 of the same day, it was demanded to respond to the measurement of alcohol by inserting approximately 30 minutes in the defendant's residence in Gyeyang-gu Incheon Metropolitan City.

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. On September 29, 2015, the Defendant: (a) driven the vehicles under the preceding paragraph without the driver’s license within approximately 2 km section from September 29, 2015 to the instant 67 km road from the front day of Incheon Gyeyang-gu Incheon Gyeyang-ro, the same embankment.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at drinking and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense; Article 152 Subparag. 1 of the Road Traffic Act (unlicensed Driving)

1. Selection of each sentence of imprisonment;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (including the violation of a crime, and the absence of any record of criminal punishment exceeding a fine, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

1. An order to attend a course under Article 62-2 of the Criminal Act;

arrow