logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 상주지원 2016.07.19 2016고단132
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On January 22, 2015, the Defendant was sentenced to eight months of imprisonment due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of Road Traffic Act (drinking), or a violation of Road Traffic Act (divated Driving) in the Daegu detention center on August 14, 2015, and the period of parole passed on September 22, 2015.

[Criminal facts]

1. On March 18, 2016, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking), while driving a E-wit truck while drinking the alcohol on the front of D located in C at the time of residing in North Korea on March 18, 2016, while driving a motor vehicle under the influence of alcohol, such as drinking, drinking, blood color, red, heavy snow, etc., from a slope G belonging to the police station F box where the drinking control was placed, while driving the motor vehicle under the influence of alcohol.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of alcohol by inserting approximately 20 minutes into a drinking measuring instrument three times from around 23:18 to around 23:38 of the same day.

Nevertheless, the defendant did not comply with a police officer's request for measurement of drinking without justifiable grounds.

2. On March 18, 2016, the Defendant driven the freight vehicles described in paragraph 1. of the above paragraph without obtaining a driver’s license from around 3 km section from the Green Party, the Green Party, which was located in Seongbuk-gun, to the front road located in C at the time of stay, to the front road located in C at the time of stay.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving on a driving on a driving, report on the situation of a driver driving on a driving on a driving, inquiry into the results of crackdown on drinking, the ledger of driver's licenses and report on

1. Previous convictions: References to inquiries, such as criminal history, and application of Acts and subordinate statutes to reports on the confirmation of release;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1 and Article 43 (Unlicensed Driving) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

arrow