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(영문) 서울서부지방법원 2018.09.13 2018고단1197
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

Around 04:08 on February 11, 2018, the Defendant driven a DGK220 car in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, while driving the car under the influence of alcohol, such as: (a) the Defendant was found to have not driven a straight signal by diving in the atmosphere; (b) the Defendant was under the influence of alcohol from the Seoul Mapo Police Station in Seoul, the traffic station and the situation F in which the E system belongs to the E system, which found that the Defendant was under the influence of alcohol, by drinking the car while driving the car in front of Seodaemun-gu, Seoul.

Around 04:15 on the same day, a person was requested to comply with a drinking test by inserting the whole in part of a drinking measuring instrument twice on the front side of Mapo-gu Seoul Metropolitan Government G on the same day, but did not comply with the request from the above Inspector F, and was requested from the above police station traffic and the head of E division, who was dispatched to the site after receiving a request for support from the above Inspector H one time in the same manner on the same day.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a statement of the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), records of enforcement,

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 for the Reduction of Small Quantity [see, e.g., the fact that there is no same electric power as well as the fact that a person has received a fine of 1,500,000 won for a crime of violating the Traffic Act on the Road, 2016; that a person is endeavoring to not repeat the crime; that a person is receiving treatment for alcohol addiction; that person is recognized a mistake and is against the law, etc.];

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

1. An order to attend a course under Article 62-2 of the Criminal Act;

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