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(영문) 울산지방법원 2016.09.29 2016고단1793

도로교통법위반(음주측정거부)등

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

1. On May 19, 2016, the Defendant, from the backway to the mountain fire station located in Ulsan-gun, Ulsan-gun, U.S. to the mountain distance located in the same Eup, the Defendant, without obtaining a driver’s license, driven a DNA car from approximately 3 km section, and driven a XG car.

2. The Defendant was exposed to a police officer on the spot by divinging out of the signal atmosphere in the mountain distance above a day at the same time as the preceding paragraph, and was driving a motor vehicle, etc. under the influence of alcohol, such as drinking in the entrance of the police at the time, smoking and suppression are not accurate, and a motor vehicle with a strong distance and snow is breadous.

There are reasonable grounds to set a person, who is requested by F to measure the first alcohol consumption on the same day by around 06:48 of the same day, to measure the second alcohol consumption on around 07:02, to measure the second alcohol consumption on around 07:14, to measure the third alcohol consumption on around 07:24, and to measure the fourth alcohol consumption on around 07:24, but did not comply with the request without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the driver of the vehicle driving or the ledger of the user of the measuring instruments for drinking;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes, such as refusal to measure drinking;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (the act of refusing to measure drinking);

1. Determination of imprisonment with prison labor (in consideration of the fact that a person refuses to take a drinking test after being discovered while driving without a license and the liability for the crime was heavy, the fact that a traffic accident could occur if the person stops on the road without the spirit of driving, a number of criminal records of the same kind and, in particular, the history of escape after causing a traffic accident, etc.);

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

1. Reduction of quantity of a small wage (a favorable circumstance, such as the fact that no record of punishment for imprisonment without prison labor or heavier punishment exists) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62(1) of the Criminal Act (the above-mentioned favorable circumstances) shall be repeated;