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(영문) 울산지방법원 2018.09.12 2018고단1975

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for one year.

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

1. On May 22, 2018, the Defendant was parked in the above E while driving a Fice-type vehicle while drinking about about about 400 meters from the front of the “C” restaurant located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, to the front bridge of the D apartment in Ulsan-gun, Ulsan-gun, Ulsan-do.

G QM3 Vehicles, even though they shocked, continued to operate the said SP3 Vehicles, parked in the said D Apartment Parking Lots, and entered the said D Apartment Building No. 102, 107, the Defendant’s residence.

After that, on May 22, 2018, from around 03:03 to 03:28 of the same day, the Defendant driven under the influence of alcohol, such as the Defendant, while under the influence of alcohol, by following the Defendant’s 112 report from the police officer of the Ulsan-gu Police Station I police station, who was called to the site after receiving a report from H 112, after the Defendant’s occurrence of the foregoing accident from around 03:03 to 03:28 of the same day, and the Defendant appeared to enter the place of residence.

Due to reasonable grounds, approximately 25 minutes of alcohol measuring instruments were required to respond to the measurement of alcohol by inserting approximately 25 minutes of alcohol measuring instruments.

Nevertheless, the defendant did not comply with a police officer's request for measurement of drinking without justifiable grounds by avoiding the above demand for measurement of drinking alcohol.

2. Violation of the Road Traffic Act (Non-licensed driving) Defendant 1 driven a FSpo-type vehicle within approximately 400 meters from the front of the “C” restaurant located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Seoul-do, to the front of the D apartment in Ulsan-gun, Ulsan-gun, without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The K's statement;

1. The circumstantial report of a driver who is placed in the main place (12-2 pages of investigation records) and report on internal investigation (in respect of refusal of measurement of drinking alcohol, etc.);

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. The driver's license ledger and the driver's license ledger;

1. Application of the statutes on intensity and on-site photographs;

1. Article 148-2 (1) 2 and Article 44 of the Road Traffic Act concerning criminal facts