(영문) 창원지방법원 2014.05.13 2013고단3465

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2014.05.13 2013고단3465

도로교통법위반(음주측정거부)

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That 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

On September 10, 2013, the Defendant was required to respond to a drinking test by inserting alcohol measuring instruments three minutes from around 01:50 minutes to around 02:20 minutes from around 30:0 on September 10, 2013, while driving a D-related cruise vehicle while drinking alcohol on the front side of the Man-Duc-2 tunnel in Busan, which was in front of the Busan, and it was discovered from E in the situation belonging to the Busan, Dongdong Police Station that was under the influence of alcohol control, and the Defendant was aware of the fact that he was under the influence of alcohol, such as smelling alcohol while driving a D-related cruise cruise vehicle.

Nevertheless, the Defendant continued to enter the fluoral with a fluoral with a fluoral with a fluoral with a fluoral with a fluor, and failed to comply with a police officer’s demand for the measurement

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the report on circumstantial statements and investigation report to a host driver;

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;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. In addition, the defendant, who had been punished several times due to the same or similar crime for the sentencing of Article 62-2(1) of the Criminal Act, is not subject to the punishment of the crime of this case.

However, it shall be considered in favor of the fact that the error is recognized and reflected, and the punishment shall be determined as ordered in consideration of all the circumstances which are conditions for sentencing, such as character, conduct and environment of the defendant.

참조조문

-도로교통법 제44조 제2항

-도로교통법 제148조의2 제1항 제2호

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