logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.11.16 2016고단3330
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 23:30 on May 26, 2016, the Defendant driving a vehicle with approximately 10km from the front day of the mutual unclaimed gate 16-15, Jung-gu, Incheon, Jung-gu, Incheon, to the front day of the village of the village of 16-15, 302-ro, Jung-gu, Incheon, to the front day of the road of the road of the same Gu, without a vehicle driver’s license.

2. A violation of the Road Traffic Act (refluence of measurement) was required to comply with a drinking test by driving the said vehicle in front of the Incheon Jung-gu, Incheon at the time and time under paragraph (1) by driving it on the front of the D, and making a G report that the said vehicle was stopped after shocking the boundary of the chemical boundary and the central separation zone gate installed on the said road, and making a stop. There are reasonable grounds to recognize the Defendant to have been driving under the influence of alcohol, such as smelling and smelling on the face of the Incheon Jung-gu Police Station H District Police Station I and the Defendant from the slope J. J. 2, 2016 to around 01:34 of the same day, from around 27, 2016 to around 30 minutes.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to K;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and reports on detection of driving drivers;

1. Relevant laws concerning criminal facts, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act, and the choice 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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act – Reasons for sentencing under Article 62-2 of the Act: The fact that there is no past record of punishment of imprisonment without prison labor or heavier, and that no personal damage has occurred - The fact that a criminal record for drunk driving has been committed once.

arrow