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(영문) 서울남부지방법원 2013.03.22 2012고합404

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 08:20 on March 31, 2012, the Defendant, while driving CCA110E on a road in front of 1264, Yangcheon-gu, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul, and the traffic safety map of the Seoul National Police Station, he was demanded to comply with a drinking test by inserting the drinking measuring instrument three minutes for three times between 40 minutes and 40 minutes.

Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole in a drinking measuring instrument.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to notify the results of the regulation of drunk driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

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

3. On September 20, 2007, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Southern District Court on Sep. 20, 2007. On September 11, 2008, the court of the same court on Sep. 11, 2008, when driving a vehicle while drunk without a driver's license and causing any injury to five persons due to negligence in the course of business. On Aug. 3, 2009, the court was sentenced to a suspended sentence of two years for six months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving). On Aug. 3, 2009, the court was sentenced to a fine of two million won for a drunk driving on several occasions, such as a violation of the Road Traffic Act (Dangerous Driving). On March 28, 2012, the Seoul Southern District Prosecutors' Office requested for a summary order from March 28, 2012 (A).