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(영문) 서울동부지방법원 2015.01.22 2014고단2390

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 03:20 on August 6, 2014, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking level) and was demanded to comply with the measurement of drinking level by inserting a drinking measuring instrument into a drinking measuring instrument for about 40 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven a sprink car B while driving the 20-way 20-way passenger car with drinking on the line of Gangdong-gu Seoul Metropolitan Government on the 20-way road.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at a time set forth in paragraph (1) and operated the said B SP car from the 15-lane 15, Dongdaemun-gu, Seoul, Seoul, to the above control point.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Photographs at the time of refusal to measure alcohol;

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

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of the sum of the punishment prescribed for the crime of violation of the Road Traffic Act due to refusal of taking a heavy drinking, and the punishment for

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The sentencing of Article 62-2 of the Criminal Act on Probation.