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(영문) 서울남부지방법원 2014.01.10 2013고단4225

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:40 on September 12, 2013, the Defendant driven B enzyme in the influence of alcohol without obtaining a motorcycle driver’s license on the front day of Geumcheon-gu Seoul Metropolitan Government Geumcheon-dong 823-15, Geumcheon-gu, Geumcheon-gu.

2. Violation of the Road Traffic Act (refluence of the noise measurement) was reported by the Defendant at the above time, at the above place, that the C Coin parked at the above place was shocking a vehicle, and was accompanied by the Seoul Geumcheon Police Station’s Office for Transport Survey.

A police officer of the traffic survey division determined that there are reasonable grounds to recognize that the defendant was under the influence of alcohol, such as smelling at the defendant's entrance and drinking, and making a tag, and requested the defendant to comply with a drinking test by inserting the defendant's breath in a breath method three minutes, but the defendant did not comply with it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a certificate of drinking alcohol measurement, a certificate of driving-free driving, and the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning criminal facts, and choice of imprisonment with prison labor;

1. Discretionary mitigation of crimes under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., recognition of a substitute for committing a crime and his/her mistake is repented, and there is no previous offense exceeding a fine);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;