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(영문) 서울북부지방법원 2018.03.29 2018고단76
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 17, 2017, the Defendant: (a) while driving a DK5 vehicle while drinking alcohol on the front side of Dongdaemun-gu Seoul Metropolitan Government (Seoul Dongdaemun-gu) around 10:45, the Defendant: (b) reported that “the driving of the DK5 vehicle is doubtful”; and (c) driven under the influence of alcohol by the Defendant, such as the Defendant’s speech and behavior divided, a algorily red, red, and smelling.

Even though a person is required to take a measurement of drinking by inserting the breath of alcohol in a breath of a breath of a significant reason to determine the person, he/she did not comply with a police officer's measurement of drinking without justifiable grounds, such as refusal of the first alcohol measurement at around 11:12 on the same day, refusal of the second alcohol measurement at around 11:17, refusal of the second alcohol measurement at around 11:2

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes for a report on investigation (verification of patrol stuffs and video images);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 (1) of the same Act concerning the facts constituting a crime, the selection of imprisonment, and the selection of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Consideration, including the fact that there are two occasions a record of forwarding the case to the Juvenile Department due to driving under the influence of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act, that there is no record of driving under the influence of alcohol or attempted to conceal the case after committing the crime, that there is no record of receiving the punishment, that there is no record of receiving the punishment, and that there is against the fact that the case is late and is going against the prosecution of his mistake.

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