logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.11.26 2015고단2687
도로교통법위반(음주측정거부)
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 July 9, 2015, the Defendant was required to respond to the measurement of alcohol by inserting the breathm for about 30 minutes, in a manner that makes it difficult to recognize that he/she driven a D vehicle under the influence of alcohol, such as drinking alcohol in a drunken state at around 17:19 on July 9, 2015, when he/she driven a D vehicle under the influence of alcohol, drinking alcohol from the saveF of the Eb box in a red crypt, etc.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하여 정당한 이유 없이 경찰관의 음주측정 요구를 거부하였다.

2. On July 13, 2015, on July 13, 2015, the Defendant was required to comply with the breath test by inserting approximately 30 minutes a while driving the said vehicle under the influence of alcohol, such as smelling and smelling the Defendant with a red face while driving the said vehicle under the influence of alcohol on the road in the southyang-si, Namyang-si. In addition, the Defendant was required to comply with the breath test by inserting the breath of the alcohol measuring instrument over 30 minutes.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하여 정당한 이유 없이 경찰관의 음주측정 요구를 거부하였다.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. A photograph refusing to measure drinking accompanied by a traffic accident scene photograph;

1. A report on the actual state of the driving of a motor vehicle on the market (the fact of subparagraph 2 on the market);

1. Defendant's legal statement;

1. A photograph of refusal to measure alcohol attached to a traffic accident report;

1. Application of Acts and subordinate statutes to the circumstantial report on a host driver;

1. Relevant provisions of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (or choice of imprisonment with prison labor, considering the fact that the person has recently been subject to a fine of one time due to a refusal of drinking alcohol measurement and that the person repeatedly commits the same kind of crime in a short period of time);

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

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

arrow