logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2014.12.05 2014고단745
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 5, 2014, at around 11:24, the Defendant violated the Road Traffic Act (refluoring to measure the noise level) by driving a passenger car at B-B-Sts and passing the intersection of the GMA-RTRT distance in front of the westwest west-gu, Gyeonggi-do, the west-gu, the C-MART distance from the west-gu, the west-gu, the C-hoho bus stop

There is a reasonable ground to recognize that the driver was driven under the influence of alcohol, such as drinking smelling on the defendant from E during the on-site driving police box, and the defendant's face is booming, etc., which caused a traffic accident corresponding to the upper right-hand part of the vehicle's upper right-hand part, which was parked on the G-MART front, and did not comply with a drinking test by inserting approximately 30 minutes of it into a drinking measuring instrument, but did not comply with the request for a drinking test by inserting it into a drinking measuring instrument three-minutes.

As a result, the defendant did not comply with a police officer's request for a alcohol test without justifiable reasons.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the above time and place, driving a benz car without obtaining a driver’s license in approximately 60 meters section from the G-MAR in front of the G-MART, which is located in the F-MAR in the west-Saeng-Saeng-Saeng-gu, Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a report on the status of the host driver;

1. Registers of driver's licenses;

1. On-site photographs and photographs refusing to measure drinking;

1. Application of Acts and subordinate statutes on CCTV images for crime prevention against door defense guards;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

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 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act (i.e., the fact that the defendant has no criminal records of the suspension of execution or more)

arrow