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(영문) 서울동부지방법원 2013.10.14 2013고단2113
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around 05:05 on July 24, 2013, the Defendant, without a vehicle driver’s license, driven a 200-meter DNA car from the front side of Gwangjin-gu Seoul Special Metropolitan City to the front side of the C apartment.

2. On July 24, 2013, at around 06:03, the Defendant violated the Road Traffic Act (Refusal of Drinking Measures) requested that the Defendant comply with a drinking test by inserting alcohol measuring instruments (SA-2000F) in a manner of inserting alcohol in a manner of inserting alcohol measuring instruments (SA-200F) under the influence of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driving of the DV under the influence of alcohol, such as a breath in the traffic survey system at the Seoul Mine Police Station located in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Gwangjin Police Station Traffic Investigation System”). Around 06:26 and around 06:36 on the same day, the Defendant refused to comply with a drinking test by means of “whether important letters have been sent,” even if he was required to comply with the drinking test by the same method.”

As a result, the Defendant did not comply with a request for a sobreath test by a police officer without any justifiable reason, even though there are reasonable grounds to recognize that he was driven under

Summary of Evidence

1. Partial statement of the defendant;

1. A report on traffic accidents and a report on actual condition;

1. Photographs of the accident site and photograph of the accident site;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. The application of a report on investigation (in 43 pages of investigation records), a report on investigation (in 45 pages of investigation records), and statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Point of refusing to measure alcohol: subparagraph 2 of Article 148-2 (1) of the Road Traffic Act; and

(b) Unlicensed driving: Selection of imprisonment with prison labor under subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

1. Of concurrent crimes, an aggravated punishment as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment as provided for in the offense of violation of the Road Traffic Act with heavier punishment);

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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