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(영문) 서울남부지방법원 2019.03.26 2019고단208
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 October 20, 2018, at around 09:07, the Defendant, while driving D Pop rink vehicles from Dongdaemun-gu to Gangseo-gu Seoul Metropolitan Government C-ro, collisioned with the E Pop Pop Posp vehicle behind the E Posp vehicle, and “traffic accident occurred” after receiving 112 reports, the Defendant was demanded to comply with the measurement of drinking alcohol by the sof-called alcohol reduction, on the grounds that there are reasonable grounds to recognize that the Defendant driven a vehicle while under the influence of alcohol, such as walking through a large distance of walking, and that there was a considerable reason to believe that the Defendant driven the vehicle under the influence of alcohol.

Nevertheless, the Defendant: (a) expressed the police officer’s desire to “we can see that we can see, without any justifiable reason, that we can see that we can see; (b) we can see that we can see that we can see if we can see it; and (c) we can see that we can see the police officer’s intention to refuse to take sob

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to notify the actual condition survey report, the circumstantial statement of a drinking driver, and the control of drinking driving;

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

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

1. Details and result of the crime of sentencing under Article 62-2 of the Probation Criminal Act, the same sentence as the order shall be determined, taking into consideration all the conditions of sentencing as shown in the pleadings of the instant case, including the circumstances after the crime, the previous conviction of a fine for drunk driving, the risk of recidivism, the previous conviction of a fine exceeding 10 years, the reflectivity, etc.

It is so decided as per Disposition for the above reasons.

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