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(영문) 울산지방법원 2019.05.22 2018고단1373

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 18, 2018, at around 20:18, the Defendant driven an Esp motor vehicle under the influence of alcohol for approximately one kilometer section from the south-gu B apartment to the roads in front of the D Motor Vehicle Research Institute located in the same Gu C.

As the Defendant was under the influence of alcohol and there are reasonable grounds to recognize that he driven the said vehicle while under the influence of alcohol, such as sniffing the sniffly and smelling on the face of the vehicle, etc., the Defendant was demanded to comply with the drinking test by inserting the whole breath of the drinking measuring instrument three times from 20:46 to 21:24 on the same day from the F District G of the Ulsan-nam Police Station G, etc.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 등 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Court statement of the defendant (the seventh court date);

1. The recording of statements by witnesses G in the second protocol of trial;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' standing statement, and investigation report (report on the state of drinking drivers);

1. On-site photographs at the time of the drinking control;

1. A statement of investigation reports (12 counter-investigations by reported persons) and a statement of 112 reported cases processing;

1. A regular inspection schedule notification (03848), a regular inspection schedule notification (003848), a regular inspection schedule for a drinking measuring instrument (SA-2000P), a regular inspection schedule for a drinking measuring instrument (0038), a detailed inspection for a drinking measuring instrument (03848), each notification of completion of correction (038), a notification of completion of correction (038), a regular inspection for a drinking measuring instrument (SA-2000P) for February 17, 17 (038), a notification of a regular inspection schedule for a drinking measuring instrument (SA-2000P) for three quarters (038), a regular inspection schedule for a drinking measuring instrument for 1/3 quarters (SA-2000P), a notification of a regular inspection schedule for a drinking measuring instrument for 17 years and three quarters (03848), a notification of a regular inspection schedule for a drinking measuring instrument for 18 years and three quarters (02/300-A-20084).

1. A regular notice of a schedule of inspection of a drinking-free measuring instrument (006927), a regular inspection of a drinking-free measuring instrument (SA-2000F), a regular inspection of a drinking-free measuring instrument (SA-2000F), a notice of completion of each correction (06927F), a notice of a regular inspection of a drinking-free measuring instrument (SA-2000F) for 2/3 quarter of 17, and a regular inspection of a drinking-free measuring instrument (SA-200F) for 17,3 quarter of 17.