logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2017.08.17 2017고정145
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Without obtaining a bicycle driver's license for a motor device, the Defendant driven a bicycle under the influence of alcohol, such as drinking alcohol to the Defendant, while driving a bicycle while drinking about about 1 km from E affiliated policemen belonging to the Seocheon Police Station D, while driving a bicycle under the influence of drinking about about 1km to the front road of the front of the scopic elementary school of the same military at the front of the scopic road located in Seocheon-gun, Chungcheongnam-gun, Seocheon-gun, Chungcheongnam-do, the Defendant driven the bicycle at around 13:05, Dec. 201.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

Nevertheless, the Defendant did not comply with a police officer’s request for a measurement of drinking without justifiable grounds, such as speaking that “I will go to the house or house in accordance with the people’s mind.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. An explanatory note;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (1) 2, 44 (2), and 154 subparagraph 2 and 43 of the Road Traffic Act concerning the facts constituting an offense, and the choice of fines, 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the Defendant, while under the influence of alcohol, does not respond to the measurement of drinking without any justifiable reason, and thus, the Defendant has a heavy criminal record of drinking, and the Defendant’s age, sexual behavior, career, family relationship, and environment are taken into account, and all of the sentencing conditions specified in the records and arguments of the instant case, including the Defendant’s age, sexual behavior, career, family relation, and environment, and the punishment is determined as ordered.

arrow