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(영문) 서울서부지방법원 2014.10.07 2014고단1957

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for one year.

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

On July 5, 2014, at around 03:00, the Defendant was driving a 500cc 3m waler from a mutual infinite near the Mapo-gu Seoul red belt, and the Defendant was under driving a CFbea car at the CFbea on the same day on the 08:17th day after receiving a report due to a lock in front of the signal signal at 90-day Seoul Mapo-gu, Mapo-gu, Seoul, the Defendant was under the control of the vice president E belonging to the Seoul Mapo-gu Seoul Mapo Police Station D District.

At the time of crackdown, the defendant was able to take the head while wearing a safety level on the driver's seat of the above vehicle, she was able to take a walk, she was able to take a walk, she was able to take a walk, and her face was red in the entrance, and she was found to have driven a drinking while under the influence of alcohol, and the defendant was found to have reasonable grounds to recognize that she was driving under the influence of alcohol. The above E requests four times to comply with a drinking measurement by inserting the breath of Seoul Mapo Police Station D District of the Seoul Mapo Police Station from 09:10 to 09:40 minutes on the same day, but the defendant did not comply with the above request for a drinking test by a police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes governing enforcement manuals;

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting the crime.

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act: (a) a person who has been reported by the police officer while driving alcohol and refusing to measure drinking alcohol; (b) a person who has been demanded to measure drinking alcohol by the police officer during the signal waiting while driving alcohol; and (c) a person who has been dispatched after having been reported by the police officer after having been demanded to measure alcohol alcohol; (d) the person has refused to measure alcohol; (e)