beta
(영문) 울산지방법원 2016.04.22 2016고단549

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 February 3, 201, the Defendant driven a GYF rocketing car without obtaining a driver’s license from the apartment parking lot located in Ulsan-gu, Ulsan-gu, Ulsan-gu, to the front road of the “F” located in Ulsan-gu, Ulsan-gu, Seoul-do, without obtaining a driver’s license, from the 7km section from the apartment parking lot to the “F” located in Ulsan-gu, Ulsan-gu.

2. The Defendant violated the Road Traffic Act (refluence of drinking), at the time and at the place specified in paragraph 1, was demanded to comply with the drinking test by inserting a drinking measuring instrument four minutes between approximately 30 minutes and four minutes from the Ulsan-gu, Ulsan-gu, Nowon-gu, Seoul-gu, Seoul-do, where he was reported by 112 to the effect that he was a vehicle driving under drinking while driving the said YF rocketing car while driving it.

Nevertheless, the Defendant, who said that he was “Woo,” did not comply with a police officer’s request for a measurement of drinking without a justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to photographs refusing to measure drinking;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of non-licensed driving) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing Article 62-2 of the Criminal Act are as follows.