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(영문) 울산지방법원 2020.04.29 2019고단5338

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On March 3, 2008, the Defendant received a summary order of KRW 4 million from the Ulsan District Court to a fine of KRW 4 million due to a violation of the Road Traffic Act (Refusal of measurement), and on June 20, 2018, the same court received a summary order of KRW 7 million due to a violation of the Road Traffic Act (driving).

On November 23, 2019, at around 00:35, the Defendant: (a) caused a traffic accident while driving CNS car without obtaining a driver’s license on the front of the B apartment zone in Ulsan-gu B apartment zone; (b) around 01:26 on the same day, the Defendant was demanded to respond to the drinking test by inserting it into a drinking measuring instrument, by inserting the Defendant’s speech and behavior from E by a police officer belonging to the Ulsan Central Police Station D District D District, Ulsan Central Police Station, who was dispatched to the site after receiving a 112 report at the traffic survey office of the Ulsan Central Police Station in Ulsan-gu, Ulsan-gu, 00 on the same day.

Nevertheless, the defendant means that "I do not drink, so, I will not take a measurement so that I will not do so," and the prohibition of drunk driving was violated at least twice by failing to comply with a police officer's request for alcohol measurement without any justifiable reason, and driving a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. A report on the occurrence of a traffic accident, a traffic accident report, a actual condition survey report and field photograph, an inquiry into the results of the crackdown on drinking driving, an circumstantial statement of a drinking driver, and an investigation report;

1. Registers of driver's licenses;

1. The application of Acts and subordinate statutes to inquiry reports on criminal records, investigation reports (Attachment to judgments on criminal records of the same kind);

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;