logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.03.19 2017고단5002
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 October 25, 2017, the Defendant: (a) was found to have been drunkly driven by a police officer affiliated with CJ while driving a B rocketing motor vehicle in front of the four-distance distance in Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon; (b) the Defendant’s snicking and smelling in the Defendant’s entrance; (c) the Defendant driven a motor vehicle under the influence of alcohol, such as a strong distance.

Since there are reasonable grounds to determine the person, the above D did not comply with the demand for the measurement of alcohol for three times at intervals of five minutes from 03:00 to five minutes on the same day without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of control, photographs of control site, and photographs refusing to measure the suspect;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to report the situation of a driver driving, a statement of the situation of a driver driving, and notification of the results of regulating drinking;

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

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the nature and circumstances of the crime are not good in that it repeats the crime, even though it was five times the past records of the same type of crime, such as law (in the event of death or injury caused by danger).

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the defendant's age, sex, family relationship, risk of recidivism, etc.

arrow