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(영문) 울산지방법원 2015.01.23 2014고단3117

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. On September 25, 2014, at around 20:15, the Defendant was reported to the police on the fact that he driven a d 100 wheeled vehicle in the shape of drinking alcohol from the water lid lid cafeteria to the Defendant’s house located in C in front of the water lid lid lid lid cafeteria at Yangsan-si, thus, the Defendant was in compliance with the drinking test by inserting the d 100 wheeled vehicle from the water lid lid lid cafeteria at the Yangsan Police Station E zone at the Yangsan Police Station E zone belonging to the said arable, and was in compliance with the drinking test by inserting approximately 30 minutes from the Defendant, such as smelling and smelling the Defendant, and sc sc sc sc sc sc sc st

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

2. The Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license at the date and time set forth in paragraph 1, and driving a studio set forth in paragraph 1 from a distance of about 500 meters from the front of the water lid lid lid restaurant in front of the water lided in Yangsan-si to the front of the Defendant’s house located in C.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. A copy of the usage register of drunks;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act that choose a penalty, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure such facts, the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Article 53, Article 55(1)3, and Article 55(1)6 of the Criminal Code of Discretionary Mitigation of Discretionary Mitigation of the Defendant repents and reflects the Defendant’s wrongness, and it does not repeat the crime of this case, such as disposing of the instant Lao, and it results in the crime of this case.