logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2014.02.07 2013고단2424
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 November 21, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) at around 21:23, 2013, the Defendant driven a B low-speed car at a section of about 500 meters from the front of a restaurant at the Seocheon-si, Seocheon-si, Gyeongcheon-si, to the front of the Tongcheon-si, Seocheon-si.

2. On November 21, 2013, the Defendant violated the Road Traffic Act (refusing to take a drinking level), while driving a vehicle B in front of the Tongcheon-si, Ycheon-si with a drinking-do, the Defendant refused a police officer’s request for a drinking test without justifiable grounds by avoiding the foregoing while avoiding the requirement of a police officer’s request for a drinking test without justifiable grounds, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, and snicking, while driving a vehicle B in front of the Tongcheon-si, Ycheon-si, the traffic control department of the YA, and driving a vehicle B at the same time under the influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of drinking drivers;

1. A report on internal investigation (a manual for control);

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

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Drinking Road Act (which refuses to take a direction of drinking), and the choice of imprisonment, respectively;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

arrow