logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.11.29 2017고단2007
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 May 24, 2017, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) at around 01:02, the Defendant rejected, without justifiable grounds, even though he was required to take a alcohol test for about 15 minutes from around 01:34 to 01:49 on a total of 15 minutes from around 15 minutes from around 15:0 to around 3 convenience stores located in Seopopo-si, Seopo-si, 1506-6 Stong-si, Seopo-si, Seopo-si, 150.

Accordingly, the defendant refused a police officer's legitimate demand for alcohol testing.

2. On May 24, 2017, the Defendant, without a driver’s license, driven a DNA car from around 200 meters to around the road front of the C convenience store located from Seopo-si, Seopo-si, Seopo-si, 1506-6 Stop, Seopo-si without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, notification of the results of regulating the driving of drinking, and on-site photographs of the driver;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the details and developments leading up to the instant crime and the detection thereof, the driving of alcohol while the Defendant was disqualified from a driver’s license, and other circumstances constituting the conditions for sentencing, such as the Defendant’s age, environment, and circumstances after the commission of the crime, shall be determined as ordered by taking into account.

arrow