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(영문) 울산지방법원 2018.12.14 2018고정921

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[criminal history] On October 5, 2015, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court’s Tong-gu branch on the following grounds: (a) the Defendant’s previous criminal records of a violation of the Road Traffic Act (drinking driving) are two times; and (b) the previous criminal records of a violation of the Road Traffic Act (drawing driving) are more than once.

[Criminal facts]

1. On November 22, 2016, the Defendant violated the Road Traffic Act (refluence of drinking), driving a motor vehicle under the influence of alcohol, such as a motor vehicle under the influence of alcohol, while driving a Category CN motor vehicle within approximately one kilometer from the front of the budio in Ulsan-dong, Ulsan-gu, Ulsan-gu to the front day of the distance in front of the sexual traffic distance in Ulsan-do to the front day of the traffic distance in Ulsan-gu, Seoul-do., while driving the motor vehicle, the Defendant was under the influence of driving the motor vehicle from the upper side of the motor vehicle in the direction of drinking, and the Defendant was under the influence of alcohol, such as a yellow light on the face, the budle of the motor vehicle in the direction of drinking.

인 정할 만한 상당한 이유가 있어 울산 동부 경찰서 D 소속 경사 E으로부터 같은 날 06:30 경부터 07:05 경까지 사이에 4회에 걸쳐 음주 측정 요구를 받고 서도 음주측정기에 입김만 불어 넣는 시늉만 한 채 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정에 응하지 아니하였다.

2. On November 22, 2016, the Defendant driven a CN model without a driver’s license within a section of approximately one kilometer from the day before the Ulsan-dong B Studio in Ulsan-gu, Ulsan-gu to the day before the sex distance in front of the middle-gu, Ulsan-gu, U.S. and the front day of the traffic distance.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of the driver of a vehicle, a report on the circumstances of the driver of a vehicle, the ledger of driver's licenses, and a copy of a vehicle on the side of drinking;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Selection of a fine for a crime under Article 148-2 (1) 2 (a point of refusing to measure drinking), subparagraph 1 of Article 152 of the Road Traffic Act, Article 152 of the Road Traffic Act, and Article 43 of the same Act, and the selection of a fine for a crime;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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