logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2013.06.26 2013고단564
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:30 on January 26, 2013, the Defendant refused to take a drinking test without justifiable grounds, even though he/she was requested by a police officer belonging to the Seogpo Police Station C District District District, to take a drinking test in order to measure whether he/she was under the influence of alcohol after being discovered while driving a freight vehicle while under the influence of alcohol, such as drinking at the bar of He/shelle Dolle in Bopo-si, Seopo-si, Seopo-si.

2. On January 26, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 3 km at the entrance of the lower-class truck, B, in the vicinity of the drinking warehouse at Seopo-si, Seopo-si, Seopo-si, without obtaining a driver’s license on January 26, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of the driver, report on the circumstances of the driver, and photographs related to the driver A;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the volume of alcohol), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up organs);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant, while holding and driving a motor vehicle under his/her name without a license, is driving a motor vehicle even though he/she had been punished due to a violation of the Road Traffic Act (Refusal of measurement) around 2009 and a violation of the Road Traffic Act around 2012.

The defendant shall be selected to be sentenced to imprisonment in consideration of the power of the defendant and the circumstances leading to this case, such as the locking of the roadway and obstructing the traffic of other vehicles.

arrow