logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2020.03.11 2019고단4313
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 15, 2019, from around 18:50 to around 19:30 on August 15, 2019, the Defendant driven a motor vehicle with DNA alcohol content 0.129% under the influence of alcohol from around 22 km section to the front road of the members of Ansan-si Ctel in Ansan-si.

2. Around 03:40 on August 28, 2019, the Defendant violated the Road Traffic Act (refluence of the noise measurement) (i.e., the Defendant driven an I-observer car at a section of about 700 meters from the front day of the F Senior City Mayor in Ansan-si, a member E to the front intersection of the H Hospital located in the same Gu G from the front day of the H Hospital located in the same Gu, while driving an I-observer car at a section of about 700 meters from the front day of the H Hospital located in the same Gu, and

Therefore, the police officer J, who belongs to the Ansan-gu Police Station, who received the 112 report, called the vehicle to the front intersection of the above H Hospital at around 03:50 on the same day, and found the defendant who was at the driver's seat flick flick flick flflflflflflflflflfld the vehicle as "D

At the time, the defendant was required by the above police officer to respond to the measurement of alcohol in a manner that breathly breath, breath, red on the face, and the defendant was found to have driven while under the influence of alcohol, such as the reaction of alcohol to the sobreath, etc.

Nevertheless, the Defendant did not comply with a police officer’s request for the measurement of drinking without justifiable grounds, such as leaving the scene by asserting that “the Defendant did not drive a motor vehicle for drinking,” and the police officer did so in his/her hands, thereby falling into his/her hands, etc.

As a result, the defendant violated the prohibition of drinking driving or drinking refusal twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of a host driver (Evidence No. 24);

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 of the Road Traffic Act concerning criminal facts and the choice of punishment;

arrow