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(영문) 울산지방법원 2018.02.02 2017고단3725

도로교통법위반(음주측정거부)

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A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

【Criminal Records of Crimes】 On July 23, 2015, the Defendant was sentenced to six months of imprisonment by the Ulsan District Court for a violation of road traffic law (drinking driving) and a violation of road traffic law (drawing driving). On January 20, 2016, the Defendant completed the execution of the sentence at the port of port.

【The Defendant driven a vehicle under the influence of alcohol, such as under the influence of alcohol, on September 15, 2017, on September 15, 2017, in the vicinity of Ulsan-gun C Studio, Ulsan-gun, Ulsan-gun, where “the driver of the No. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S

There is a considerable reason to suspect that the drinking has not complied with the measurement of drinking even though the drinking has been demanded for three times from the date of 03:10.

Summary of Evidence

1. Statement by the defendant in court;

1. The result of the CD verification by this Court;

1. A written statement;

1. Notification of the results of regulating the driving of drinking, the situation report of the driver of drinking, and the register of the user of the measuring instruments;

1. A criminal investigation report and each internal investigation report;

1. Previous convictions: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, investigation report (the same type of force and report on the confirmation of repeated offense);

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act of the Reduction of Small Quantity are as follows: (a) the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act in 2008; (b) the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act in 2009; (c) a violation of the Road Traffic Act (d) a violation of the Road Traffic Act; (d) a violation of the Road Traffic Act (d) a violation of the Road Traffic Act (d) a violation of the Road Traffic Act (d) a violation of the Road Traffic Act; and (e) a violation of the Road Traffic Act (d) a violation of the Road Traffic Act (d) a violation of the Road Traffic Act (d) a violation of the Road Traffic Act (d) a violation of the said Act (d) a violation of the said Act; and (e) a violation of the said Act was punished for a repeated crime after a repeated crime.