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(영문) 울산지방법원 2016.05.23 2016고정458

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 6, 2016, the Defendant driven a hived vehicle C on the front side of Ulsan-gu, Ulsan-gu, Seoul-do, and was under the influence of alcohol, such as: (a) the Defendant was driving from the superintendent D belonging to the traffic safety department of the Ulsan-gu Police Station, the traffic safety department of the Ulsan-gu, Seoul-do, where the Defendant was on duty to regulate a daily drinking; (b) the Defendant appeared to have a response to drinking sofacing; (c) the Defendant snick on the face;

Due to reasonable grounds to determine a person, it was demanded to respond to the measurement of alcohol by inserting four hours, including around 21:09 (21:29), around 21:40 (21:40), and around 22:15 (2).

Nevertheless, the Defendant refused to comply with a police officer’s demand for alcohol testing without justifiable grounds by evading the breath of alcohol in his/her hand, such as taking the breath of alcohol in person or taking the breath of

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of statutes on site photographs;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of fines;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (the consideration given to favorable circumstances, such as the fact that the health of the defendant is not good and that it is difficult to conduct home circumstances);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;