logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2016.01.28 2015고단2475
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who has violated the Road Traffic Act (Refusal of measurement) two or more times, and was driven under the influence of alcohol by the Defendant, on June 14, 2015, at around 00:14, at around 00:14, the head of Eup/Myeon in Gwangju City, at around 81, the head of Eup/Myeon, and at least 112, a traffic accident occurred on the street in front of a lot:3, the Defendant was driven under the influence of alcohol by the Defendant, such as smelling, snickly, and shotly, and the face of the police box sent to him.

There is a reasonable reason to designate a person, who was accompanied by a police box B, and was demanded to respond to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument four times between them.

Nevertheless, the Defendant, who was living in a breathm for a drinking measuring instrument, has avoided it by means of deduction, etc., and failed to comply with a police officer’s request for the measurement of drinking without justifiable grounds.

2. On June 13, 2015, the Defendant: (a) driven a D car without a driver’s license at a distance of approximately KRW 500 meters from the beginning of the 331-1 Eup/Myeon in the beginning of Gwangju-si to the front of the 331-1 road in the Eup/Myeon in the same Eup/Myeon; and (b) the 500-meter street from the 331-1 road in the early of Gwangju-si in the front of the parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the details of the control of drivers and the results of the control of drinking driving;

1. Investigation report (restricted status of drinking);

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 (1) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1 and 43 of the Road Traffic Act (a point of refusing to obtain a license for driving without obtaining a license), and selection of imprisonment with prison labor for a crime;

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;

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

arrow