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(영문) 서울남부지방법원 2013.06.27 2013고단871
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 03:44 February 1, 2012, the Defendant violated the Road Traffic Act (unlicensed driving) driven a car with approximately one kilometer from the front day of the Cjuk store in Gangseo-gu Seoul Metropolitan Government to the eurbed in the same Gu D without a driver’s license.

2. Violation of the Road Traffic Act (Refusal of the measurement of alcoholic beverages) has reasonable grounds to recognize that the Defendant driven the said motor vehicle from the front day of the above CM point to the EM parking lot on the same day, and thus, the Defendant was requested four times from the EM 601 room up to 04:50 on the same day from G of the Seoul Gangseo Police Station to the same day, but did not comply with the request without justifiable grounds.

Summary of Evidence

1. Partial statement of the witness H in the court;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and written confirmation of drinking measurement;

1. Control note;

1. Photographs;

1. A detailed statement on handling 112 reported cases;

1. Registers of driver's licenses;

1. Application of investigation reports (general Acts and subordinate statutes);

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration of driving, distance of driving, etc.);

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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