logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.06.20 2017고단1326
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant, at around February 21, 2017, driven a motor vehicle under the influence of alcohol by the Defendant, such as a breath of a c police box affiliated with the above police box, in a manner that the Defendant driven the motor vehicle under the influence of alcohol, on the grounds that the blood color of the Defendant was red, heavy, and snowed by a police box affiliated with the above police box, and that the Defendant driven the motor vehicle under the influence of alcohol.

There is a reasonable reason to recognize so that it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

The defendant has avoided this and failed to comply with a police officer's request for a measurement of drinking without justifiable reasons.

2. On February 20, 2017, the Defendant was driving a vehicle with a motor vehicle driver’s license in the section of about 400 meters from the cafeteria to the front road of the building located at approximately 14-6, both of the 12-8, the upper half of the east-si, Yangsan-si, Yangsan-si, without obtaining a motor vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as detection and reporting of the violation of traffic laws on roads, reports on internal accidents, circumstantial reports of drivers engaged in driving, photographs refusing to measure drinking, driver's license registers of motor vehicles;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Selection of each sentence of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

arrow