logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 공주지원 2013.04.05 2013고단3
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:00 on December 9, 2012, the Defendant violated the Road Traffic Act (refluence of the noise measurement) (i.e., the Defendant, from the front of the Jeju 3rd apartment apartment road located in the new town, to the entrance of the national highways No. 23, Cheongju-ri, Cheongju-ri, Cheongju-ri, Cheongju-ri, in a section of about 10km alcohol concentration while driving a motor vehicle, and caused a traffic accident by being equipped with a facility to prevent shocking alcohol concentration while driving the motor vehicle, and (ii) the official police station slope of the official police station called upon receiving the report, operated the motor vehicle voluntarily at the E box because there is a reasonable ground to deem that the Defendant driven and driven the motor vehicle by drinking alcohol, such as fluening the alcohol and failing to properly accumulated the body.

As above, since there are reasonable grounds to deem the Defendant to have driven alcohol, the Defendant demanded that the Defendant take a drinking test on three occasions at around 03:50 on the same day, around 04:10 on the same day, and around 04:20 on three occasions, but the Defendant refused to take a drinking test without justifiable grounds.

2. Around 02:00 on December 9, 2012, the Defendant: (a) borrowed a motor vehicle without a driver’s license from the front of the 3rd apartment of the new Jeju-dong, Cheongju-dong, to the front of the 10km-si, Cheongju-si, Cheongju-si, Cheongju-si, Cheongju-si, to the front of the national highway 23rd national highways; and (b) drive the motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and the use register of a drinking measuring instrument;

1. Application of the statutes on the register of driver's licenses;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that a person has committed an offense in depth and has committed an offense not to repeat by selling a vehicle, etc.);

1. Article 62(1) of the Criminal Act (wholly considering the above circumstances)

arrow