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(영문) 서울동부지방법원 2014.02.13 2013고단3206

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for not more than ten 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

Around 01:00 on July 28, 2013, the Defendant met the demand for a drinking test by inserting it into a drinking measuring instrument between D and 30 minutes on the following grounds: (a) around 00:05 on the same day while he was divingd from the driver’s seat in front of the front of the forest intersection road located in Songpa-gu Seoul, Songpa-gu, Seoul, at the same time; (b) the traffic safety department affiliated with the traffic safety department of the above police station called up to 112 as the citizen’s 112 report; (c) however, the time when the Defendant was represented by the driver’s proxy was 0:13 after the above 112 report; and (d) there are reasonable grounds to recognize that the Defendant driven while under the influence of alcohol, such as smelling on the face of alcohol, and thus, he was demanded from D to take a drinking measuring instrument over about 30 minutes.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. The provisions of Acts and subordinate statutes shall apply to inquiry into the results of the drinking driving control, reporting on the status of a drinking driver, investigation report, refusal to measure a drinking alcohol, photograph of a suspect, investigation report (in the absence of a visit), field photograph, investigation report (in the presence of an on-site driver), photograph (in the presence of an on-site photograph), investigation report (in the presence of a suspect), investigation report (in the presence of a vehicle), investigation report (in the presence of a suspect), investigation report (in the presence of a vehicle), 112 report report (in the presence of a suspect), and investigation report

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

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that the accused is repenting wrongs and that the accused has not been punished heavier than the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;