logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2013.12.10 2013고단1990
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. No person shall operate any motor vehicle on a road which is not covered by mandatory insurance;

On July 5, 2013, at around 13:00, the Defendant driven a motor bicycle without registration 49C which was not covered by mandatory insurance on the first-lane road in front of the multi-purpose public security point in the city of Kimhae, without obtaining a motorcycle driver's license.

2. On July 5, 2013, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking), at around 13:40 on July 13, 2013, the Defendant was demanded to comply with the measurement of drinking alcohol by inserting the breamer in the manner of inserting the breathm for approximately 33 minutes, inasmuch as there exist reasonable grounds to recognize that the Defendant was driving while under the influence of alcohol, such as red and a shot distance, at the police box of the above police station.

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

Summary of Evidence

1. Defendant's legal statement;

1. The user ledger of the measuring instruments for drinking;

1. Registers of driver's licenses;

1. Application of the actual survey report and traffic accident-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a punishment (the rejection of drinking, the choice of imprisonment), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the point of driving without a license, the selection of fines), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating automobiles which are not mandatory insurance and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Probation and community service order under Article 62-2 (1) of the Criminal Act;

arrow