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(영문) 서울중앙지방법원 2017.10.31 2017고단5889

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 22, 2017, around 23:19, the Defendant driven a motor vehicle from 3rd floor to 39,00,00,00,00 from the 3rd floor underground parking lots underground to the front day of the opening of the underground parking lot at around 100 meters in drinking, while the Defendant driven a motor vehicle of soflur while under the influence of alcohol, such as drinking alcohol to the Defendant from the police officer G belonging to the Seoul Cheongak Police Station F District to the Defendant, while driving the motor vehicle of soflur in the face.

For about 16 minutes in total, it was required to respond to the measurement of drinking by inserting the whole four minutes of drinking, for about 16 minutes.

Nevertheless, the defendant refused a police officer's request for a drinking test because he did not comply with it without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the facts that seem to be contradictory to others) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing reasons are considered);

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