logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2014.03.20 2013고단1037
도로교통법위반(음주측정거부)등
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

1. On June 5, 2013, at around 23:23, 2013, the Defendant was required to comply with a drinking test by inserting the drinking measuring instrument into a drinking measuring instrument over about 30 minutes, such as drinking, smelling, sniffing, driving, and diving the vehicle on the road while driving the vehicle on the street near the snife-si, Sinpo-si, Sinpo-si, without a driver’s license.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a drinking test without any justifiable reason.

2. Around 07:20 on August 21, 2013, the Defendant driven a Crocketing car under the influence of alcohol content of 0.089% without a driver’s license on the front of the Gutolutoluene, located in the optoluan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the statement of the defendant in the fourth trial record;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of each main office, such as reports on detection of drivers, reports on the actual state of drivers, photographs related to enforcement sites and refusal to measure drinking, registers of driver's licenses, and registers of disqualified motor vehicles of each main office;

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (limited to the crimes of violation of the Road Traffic Act referred to in paragraph (2) at the time of displaying, the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.

arrow