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(영문) 울산지방법원 2015.06.16 2015고정619

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

around 04:50 on November 12, 2014, the Defendant, within the traffic survey system of the Yangsan Police Station in Yangsan City B, takes the alcoholic beverage in Category C with the vehicle volume.

Due to the traffic accident that conflict between the two sides of the center due to the driver's negligence, it was voluntarily driven and there is a reasonable ground to recognize that the driver was driven while under the influence of alcohol, such as smelling, smelling, reding, etc. from D Assistants belonging to the Transport Investigation Team of the Busan Police Station, and making it possible to recognize that the driver was driven by drinking for about 30 minutes.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A report on occurrence of a traffic accident;

1. The register of driver's licenses and registration statement on the vehicle;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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