logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.07.18 2018고단1420
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On February 23:00 on February 11, 2018, the Defendant was under suspicion of driving alcohol by a police officer, etc., who was under suspicion of being under suspicion of being under suspicion of driving alcohol, while driving a B leleman low-class driver with drinking alcohol in front of the entrance of the 2nd Embari-dong, 150 at the time of the government, on the street, at the same time, while driving a B leiner vehicle with drinking alcohol at the same time.

C The defendant was driven under the influence of alcohol by failing to answer red questions and to answer questions properly. The defendant was driven under the influence of alcohol, such as a string.

Since there are reasonable grounds to determine the person, the defendant was required to respond to the drinking measurement.

However, the defendant did not comply with the alcohol testing without any justifiable reason, even though he was demanded to comply with the alcohol testing by inserting approximately 25 minutes of the time and place at the above time and place from C in a manner of inserting the whole in part three times from the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the ledger on use of drinking meters;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Period of punishment by law: Imprisonment with prison labor for a period of six months to one year and six months;

2. Determination of sentence: Imprisonment with prison labor for six months, the age, sex, records of the same kind of crime (time of a fine for driving under drinking), the circumstances, means and results of the crime, and other relevant factors;

arrow