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(영문) 서울중앙지방법원 2017.05.24 2017고단2344

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant driven at around 01:30 on March 10, 2017, under the influence of alcohol, while driving his/her vehicle at a 76-day city from PWz E30 on a Dong University, which was located in Sungnam-si, Sungnam-si, Sungnam-si, Sinnam-si, the Defendant: (a) was driving a vehicle under the influence of alcohol, such as: (b) the Defendant’s vehicle was under the influence of alcohol by his/her J at the seat of the Gyeongnam Police Station I District for the Sungnam-nam Police Station; and (c) the Defendant was under the influence of alcohol, such as he/she was snicking and walking properly.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting three times in a so-called so-called drinking measuring instrument three times between 30 minutes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;