logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.07.19 2018고단1548
도로교통법위반(음주측정거부)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2018, the Defendant driven a motor vehicle while under the influence of alcohol, such as around 23:07, on the front side of Gwangju Northern-gu D, the face of which is red, unslided, and the failure to properly grow.

Although there are reasonable grounds to determine a person, the police officers belonging to the Gean District Police Station of the Gwangju North Korean Police Station requested to comply with the alcohol alcohol measurement by inserting the whole in a drinking measuring instrument three times for about 45 minutes from the police officers belonging to the Gean District of the Gwangju North Korean Police Station, he/she did not comply with the alcohol measurement by a police officer without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. All on-site photographs;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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. The defendant is likely to repeat the crime of this case, including committing the crime of this case, even though he/she could have a criminal record of a fine due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Education;

Taking into account all the circumstances, including the fact that the defendant has been aware of his mistake and that the defendant has no criminal record exceeding the fine.

arrow