logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2016.04.11 2016고단5
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 18, 2015, the Defendant, at around 01:16, driven a 300-meter radius from the parking lot of the Hongsung-gun Hongsung-gun Hongsung-gun Hongdong to the 190 official land in the same Eup/Myeon, while drinking around around 300 meters of the section from the parking lot of the Hongsung-gun Hongcheon-gun Hongsung-gun Hongdong to the 190 official land in the same Eup.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 20 minutes.

Nevertheless, the Defendant refused to put the whole in a drinking measuring instrument, and avoided the measurement of drinking, and failed to comply with a police officer’s request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the detection of drivers working at the main place, a report on the circumstances of drivers working at the main place, each field photograph, the details of enforcement, investigation reports, and investigation reports (Attachment to CCTV images of the Red Scar church);

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, and the circumstances before and after the instant crime, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances:

Many of the records of the crime (two times of suspended execution) that reflects the mistake;

arrow