logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.12.13 2018고단3242
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 7, 2018, at around 08:45, the Defendant driven a motor vehicle with D BMWx5x30d on the front of the Daegu Water Station C, which caused a traffic accident involving roadside trees. Upon receipt of a report, the Defendant dMW x30d vehicle was driven under the influence of alcohol, such as smelling the Defendant, snicking on the face, snicking, walking on the face, and walking and snowing the road.

As there are reasonable grounds to recognize, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument over about 15 minutes.

Nevertheless, the Defendant continued to refuse to comply with a police officer’s request for a measurement of drinking without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. The sentence like the order shall be determined by comprehensively taking into account the following circumstances as to the sentencing reasons under Articles 70(1) and 69(2) of the Criminal Act, and other conditions of the sentencing as shown in the records, such as the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime.

- The fact that there is a history of punishment of a fine once for the crime of violating the Road Traffic Act (driving of alcohol) to the extent that it is likely to be criticized for the instant crime during the period of suspension of execution due to interference with the performance of official duties - the recognition and reflect of the crime, and the re-driving of drinking is not possible.

arrow