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(영문) 서울남부지방법원 2014.01.22 2013고단1690
도로교통법위반(음주측정거부)등
Text

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

1. On May 17, 2013, the Defendant was demanded to comply with the measurement of drinking alcohol by inserting a drinking measuring instrument over about 40 minutes, in a reasonable ground to recognize that he/she was under the influence of alcohol, such as drinking, smelling, sniffing, sniffing, and sniffing, while driving Category B on the front side of ICT at the 121 He/she was under the influence of the Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul Metropolitan Government 6 along the influence of alcohol.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

2. Around 23:00 on May 16, 2013, the Defendant driving the said Rab tower without obtaining a driver’s license from Gangnam-gu Seoul Metropolitan Mobro to the date and place specified in paragraph (1) via the Dongdaemun-gu market located in Dongdaemun-gu Seoul, Dongdaemun-gu.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. Application of investigative reports (report on telephone conversations between police officers in charge) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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