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(영문) 서울중앙지방법원 2015.08.12 2015고단2326
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person driving Cbents' automobiles.

The Defendant, while under the influence of alcohol around 03:50 on March 14, 2015, driven the said car and became a road in front of D in front of the road located in Seocho-gu Seoul Seocho-gu, Seoul.

The Defendant was demanded to respond to a drinking test by inserting three minutes in the form of inserting the whole breath in a drinking measuring instrument three times between 24 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as drinking while walking with a little red, cross-routing, and walking with a big width, at the above time and place, from the slope E belonging to the Seoul Coast Guard.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하거나 주변 편의점에서 음료수를 구입하여 마시는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Control photographs, on-site pictures, video CDs;

1. Application of Acts and subordinate statutes to report on investigation (suspect status, etc. at the time of regulation);

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution is divided, and there is no criminal conviction or

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

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