logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2017.09.27 2016고단1499
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

1. On September 8, 2016, the Defendant driven a motor vehicle while under the influence of alcohol, such as drinking at a slope D belonging to the two-dimensional police station at the front of Gyeonggi-gun, Gyeonggi Pyeong-gun on September 8, 2016 and smelling red on the face, etc.

Even if there are reasonable grounds to recognize that a police officer's demand for the measurement of drinking by inserting the whole in a drinking measuring instrument, he/she did not comply with a police officer's demand for the measurement of drinking without justifiable grounds, such as refusal of the first measurement at around 09:45 on the same day, refusal of the second measurement at around 09:45, refusal of the second measurement at around 10:05, refusal of the third measurement.

2. On September 8, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) and the Act on Guarantee of Automobile Compensation, driving the said van without obtaining a driver’s license from the front of an elementary school of 1.5km to the front of C, from the front of the vehicle at approximately 1.5km, on the five-day pact-proof pact-proof pact-proof packers, both of which were 09:45,00 to the front of C.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2(1)2, 44(2) (a) of the Road Traffic Act, Article 152 Subparag. 1, and 43 of the Road Traffic Act (a non-licensed driving), Article 46(2)2, the main sentence of Article 46(2) and Article 8 of the Guarantee of Automobile Compensation for Damages, and the choice of imprisonment, respectively;

1. In consideration of the circumstances in which the Defendant, who had been punished several times, including the same kind of crime with reasons for sentencing as prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, committed the instant crime, the sentence as ordered shall be imposed.

arrow