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(영문) 울산지방법원 2018.07.18 2018고단1135

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On April 6, 2018, the Defendant, at around 02:23, had caused a traffic accident where a vehicle parked while driving a CKaren car while drinking alcohol at approximately 10 meters in front of the Southern-gu road B.

Defendant was exposed to D District E, etc. of the Ulsan Southern Police Station, which was called upon the report of the above accident, and was driven under the influence of alcohol, such as an inaccurate and embbling distance, etc.

have reasonable grounds to determine that there is a reasonable

The aforementioned E, etc. was demanded to respond to the alcohol testing by inserting the whole amount of drinking measuring instruments three times in total, including around 02:52 on the same day, around 03:00 on the same day, and around 03:05 on the same day.

Nevertheless, the defendant did not comply with the request of the police officer for the measurement of drinking without justifiable grounds, such as the method that does not put the wind into the drinking measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Reduction of volume (see, e.g., favorable circumstances for sentencing) under Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution (see Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act is an offense for which the sentencing guidelines are not set.

A favorable circumstances: A person who has been sentenced to a fine of one million won due to driving under the influence of alcohol in 2004, but has no career of crime: A criminal record of a very poor kind of crime, such as refusing a police's legitimate demand for the measurement of alcohol under the suspicion of driving under the influence of alcohol.