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(영문) 울산지방법원 2018.11.22 2018고단2601

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On August 4, 2018, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving of D-wing Cargo Vehicles without a driver’s license within a section of approximately two kilometers in front of the B market in Gyeyang-si, Yangsan-si, and the front road of the C-si in the same city.

2. On August 4, 2018, the Defendant violated the Road Traffic Act (Refusal of measurement of drinking), the Defendant driven a drinking on a road at the entrance of the CG at Yangsan-si, and the Defendant driven a drinking by making a traffic accident while driving the said CG while driving the said CG, a large amount of drinking, and a large amount of drinking.

However, on the grounds of suspicion, the police officer was required to measure drinking more than four times in total, but the police officer refused to measure drinking, such as “chrone, bitch bitch,” and “nick.”

As a result, the Defendant was driving under the influence of alcohol.

A person who has a reasonable reason to be appointed and refuses a police officer's demand for the measurement of drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The ledger using sobling measuring instruments;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the act of refusing to measure drinking) of the same Act, and the selection of imprisonment, respectively;

1. Article 37 (former part of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes was punished on several occasions due to non-licenseless driving or drinking without reason for sentencing, and is punished on two occasions due to refusal of drinking measurement, and is subject to suspended sentence of imprisonment.

Nevertheless, even though drinking or non-licensed driving caused a traffic accident, it again rejected a police officer's request for a measurement of drinking.

The punishment of imprisonment is to be imposed by taking into account the fact that the criminal liability is so large that the defendant is remarkably divided, the defendant is relatively old, and the health status is not good.