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(영문) 서울남부지방법원 2013.11.27 2013고단3655

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six months.

except that 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 October 17, 2013, the Defendant, at around 05:03, failed to comply with a police officer’s demand for the measurement of alcohol without justifiable grounds in a manner that does not take a drinking test by asserting that he/she would not take a drinking test even though he/she received a request for a drinking measurement from E in the circumstances belonging to the Seoul Gangseo-gu Police Station D Zone D District of Seoul Gangseo-gu Police Station, Seoul, and that he/she would not take a drinking test, because he/she was able to recognize that he/she was drunk at the front parking lot of Gangseo-gu Seoul Metropolitan Government 501, a drunk-gu

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

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

1. Mitigation of discretionary work and consideration given to the cases under Articles 53 and 55 (1) 3 of the Criminal Act (limited to a large number of affiliated military forces, in depth and there is no previous offense subject to suspended execution or heavier punishment);

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