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(영문) 서울중앙지방법원 2014.02.07 2013고단8330
도로교통법위반(음주측정거부)
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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

On November 29, 2013, at the front of Gwanak-gu in Seoul Special Metropolitan City, the Defendant was required to respond to the measurement of drinking alcohol by inserting it into a drinking measuring instrument for about 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as drinking, drinking, and drinking, drinking, by inserting it into a drinking measuring instrument for about 30 minutes on the front of Gwanak-gu in Seoul Special Metropolitan City.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on investigation;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Relevant legal provisions concerning facts constituting an offense and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure sound and the choice of imprisonment);

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

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

1. Although the reasons for sentencing under Article 62-2 of the Criminal Act contain unfavorable circumstances, such as the Defendant committed the crime of this case, even though he had the same ability to punish due to drinking driving, on the other hand, the Defendant committed the crime of this case on the other hand, and goes against his depth, the Defendant did not have any previous conviction except for punishment three times as a fine, the Defendant supports his mother, and other sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, etc., shall be determined as ordered.

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