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(영문) 서울남부지방법원 2017.02.02 2016고단5396
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 21, 2016, at around 22:30 on October 21, 2016, the Defendant: (a) was a police officer who, while driving a DNA high-priced motor vehicle on the front side of a parking lot set up by the National Assembly located in Yeongdeungpo-gu Seoul Metropolitan City as the doctor of Yeongdeungpo-gu; (b) while driving a motor vehicle on the front side of the parking lot, the Defendant

E and land have been changed.

The Defendant was driven while under the influence of alcohol, such as discovering the Defendant who was seated with a new job and smelled from a slope G belonging to the Seoul Young Military Police Station F of the Yeongdeungpo-gu Seoul High Military Police Station, rhyming and rhhing the face, etc.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.

Nevertheless, the Defendant avoided so that he was unable to take a drinking test and failed to comply with the police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on the circumstances of driving and the circumstances of the driver's license;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the circumstances, such as the circumstances surrounding driving, driving distance, and circumstances after the crime, etc., in addition to the punishment of police officers on three occasions, even though there was a history of punishment for driving drinking twice for the reason of sentencing under Article 62-2 of the Criminal Act, the driving of drinking again was conducted, and the police officers did not comply with a request for alcohol testing by the police officers.

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