logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.09.10 2015고단3638
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who is engaged in driving of Lone Star Cargo Vehicles B.

On June 30, 2015, at around 22:50, the Defendant driven the above cargo vehicle and proceeded in front of a restaurant located in Daegu Suwon-gu C, and the Defendant was driving the vehicle in front of the above cargo vehicle that was parked on the above road and caused a traffic accident to conceal the part behind the vehicle of the E- which was parked on the above road.

Since there are reasonable grounds to recognize that the Defendant was driving a motor vehicle under the influence of alcohol, such as a fluorous drinking, inaccurate, red and walking condition, etc., from G in the F District of the Daegu Water Police Station where the Defendant was called upon receiving the above traffic accident report, the Defendant was voluntarily driven by the traffic inspector of the Daegu Water Police Station located in 2460, according to the Daegu Water-Related Police Station in order to measure the alcohol level, for the purpose of measuring the alcohol level.

The Defendant, from around 23:49 on the same day to 0:21 on the following day, failed to comply with a police officer’s drinking test without justifiable grounds despite having been requested to comply with a drinking test by inserting all of the transport survey teams from a slope H belonging to the transport survey team for four times.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment of photographs indicating the refusal of measurement);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (i.e., confession, reflector, and minor children, who are supported by the suspended sentence and has no previous record of the suspended sentence or heavier

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

arrow