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(영문) 서울남부지방법원 2018.11.06 2018고단4516
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 22, 2018, the Defendant driven a alphe car from the road near the mountain basin of Gangseo-gu Seoul Metropolitan Government on August 22, 2018 to the road 164, Gangseo-gu, Seoul, Gangseo-gu, Gangseo-gu, Seoul, while driving the alphe car under the influence of alcohol, such as holding the alphe car in the face, holding the alphe, holding the alphe in a somewhat narrow distance, and driving the alphe car under the influence of alcohol.

The Seoul Gangnam Police Station C police box, which was called after receiving the 112 report under the influence of the influence of alcohol, was demanded to comply with the measurement of drinking alcohol by inserting approximately 30 minutes during the period from August 22, 2018 to August 22, 2018, in a manner of inserting approximately 30 minutes into a drinking measuring machine, but did not comply with the request by means of not inserting the whole in fact, as if he did not put the part of the lab into the lab.

As a result, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of driving in the main place);

1. Application of the Acts and subordinate statutes to certified video CDs without refusing to measure alcohol;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant was punished as a fine for driving under drinking in 2003 and 2011, taking into account the circumstances and details of the crime in this case, and other factors of sentencing such as the defendant's age, sex, environment, etc., and set the sentence as ordered.

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