logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.06.04 2020고단1345
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 12, 2008, the Defendant was sentenced to a summary order of a fine of four million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court, and on June 19, 2013, the Defendant was sentenced to a suspended sentence of two months for four months due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court.

On 19:20 on 19:20 on 19:20 on 19:20, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument into a drinking measuring instrument through inserting it into a drinking measuring instrument at the same place as above at 19:20 on 19:20 on 19:20 on 19:20 on 19:35 on 19:35 on 19:35 on the same day, the Defendant was under the influence of alcohol while driving a Bi30 vehicle in front of the presidential square distance, while he was under the influence of alcohol, while driving a vehicle Bi30 on the road in front of the presidential square distance.

Nevertheless, the Defendant, who did not comply with a drinking test, failed to comply with a request for a drinking test by a police officer without any justifiable reason.

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the results of the crackdown on drinking driving, and ledger on the use of a drinking measuring instrument;

1. On-site photographs;

1. Criminal records, inquiry reports, and the application of Acts and subordinate statutes to criminal records, investigation reports, and criminal records;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act that choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, drives a drunk driving, even though he/she had a large number of criminal records, such as a suspended sentence of imprisonment due to drinking driving.

arrow