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(영문) 서울북부지방법원 2013.04.04 2013고단185
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, 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 December 27, 2012, at around 00:58, the Defendant was driving a Cbea cruise car on the front side of the Cbea-dong, Jung-gu, Seoul, 190-40, the front side of the East-gu, Seoul, which caused an accident that the wheels of the said car was changed to a drainage route. On the other hand, the Defendant, along with the police officer dispatched to the site, was at the office of the traffic accident investigation department of the Seoul mid-gu, Seoul, China, China, and China, which is located at the site. On the other hand, there is considerable reason to recognize that the Defendant was driven while under the influence of alcohol, such as the incorrectness of the Defendant and the walking distance, and thus, the Defendant did not comply with the demand for a drinking test from around 01:4 to 4 times on the same day on the same day as the slope D

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes governing field evidence photographs;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the accused confessions the crime and reflects the depth thereof, but the punishment is determined as ordered in consideration of the records of the same kind of crime;

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