logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.08.27 2013고단2334
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 27, 2013, around 04:23, the Defendant: (a) while driving a bex motor vehicle while drinking in front of Henyang-dong 680, Hoyang-dong 680, the Defendant refused to comply with a police officer’s request for the measurement of alcohol without justifiable grounds, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling the alcohol with the Defendant from the chief of the police box of the Namyang-dong Police Station C commander of the Namyang-dong Police Station C commander of the Red Station C commander of the Red Police Station, setting the redlight on the face, etc., even though he was required to comply with the measurement of alcohol by inserting it over about 30 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. CCTV photographs of the F convenience point;

1. A written report from an employee of an employer;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Taking into account the fact that the sentencing of Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. is imposed once a fine is imposed due to drinking driving in the past, one time a fine is imposed due to refusal to measure drinking, and the fact that a drinking driving is going not to be renewed;

arrow