logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.12.12 2017고단3810
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On October 22, 2017, the Defendant driven a motor vehicle while under the influence of alcohol from a slope E belonging to the Changwon Police Station, which was called by the Defendant, while driving a motor vehicle while under the influence of alcohol from a shooting distance prior to the gas station at C, which is located at the window B of Changwon-si on October 22, 2017, and was reported to the occurrence of a traffic accident.

Due to reasonable grounds, the police station in the Changwon department was demanded to respond to the measurement of drinking by inserting the drinking meters three times from 23:37 to 23:53 on the same day on the same day.

Nevertheless, the defendant refused this and did not comply with a police officer's request for alcohol testing without any justifiable reason.

Summary of Evidence

The application of the Defendant’s legal fact-finding survey report to the State driver’s circumstantial statement, photographic investigation report (victim F telephone communications) statute

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

2. Article 53 and Article 55 (1) 3 of the Criminal Act (including the fact that there is no criminal conviction or heavier than a suspended sentence and that there is a penance) of the mitigated amount;

3. Article 62 (1) of the Criminal Act on the suspension of execution.

4. An order to attend a course under Article 62-2 of the Criminal Act;

arrow