logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 밀양지원 2018.07.12 2018고단171
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 April 6, 2018, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) driven a e-learning car while driving a e-learning car in front of D marina, which is located in C at the speed of smuggling around 04:50 on April 6, 2018. The Defendant driven a vehicle under the influence of alcohol, such as a fluor G with a large amount of drinking alcohol, and a fluoring knife, knife, knife, knife, etc., of the Defendant from the light G and knife.

A police officer's voluntary accompanying to a police box to measure alcohol consumption on the same day, and then failed to comply with a police officer's request for measurement of alcohol without good cause, by avoiding this by making a police officer take a breath of the breath or to have the breath of the breath of the breath, 05:19 on the same day, 05:27 on the same day, and 05:34 times on the same day, although the police officer was requested to measure alcohol consumption on a total of four occasions.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driving of a motor vehicle without obtaining a driver’s license from the front of the J-ju shop located in G at the time of the day specified in paragraph 1 to the said D Mart front intersection, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of each investigation report (No. 5,7) (Evidence List No. 5);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (with respect to the crime of violating traffic laws on roads) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that an order to attend a lecture or an order to provide community service has a record of being punished for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, and the defendant's age, environment, motive, means and consequence of the crime, after the crime is committed.

arrow