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(영문) 울산지방법원 2019.01.31 2018고정1047
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 17, 2018, the Defendant was under the influence of alcohol on the roads front of Ulsan-gun, Ulsan-si, Ulsan-si, and was under the influence of alcohol, and was under the influence of alcohol, the Defendant was under the influence of alcohol to drive the said cargo at approximately 5km section from the front of his residence up to the road in front of his residence. The Defendant was demanded to take a drinking test by inserting the said cargo in the direction of 5km up to the front of his residence. On September 14:15, 2018, the head of the Ulsan-si Police Station G police box, who received the report on traffic accident-related 112, was dispatched to the scene, but the Defendant was aware of the fact that the Defendant was under the influence of alcohol, such as the Defendant was under the influence of alcohol, and there was considerable reason to recognize that the Defendant was under the influence of alcohol, such as being under the influence of alcohol from 14:40 to 14:56 times on the same day.

Nevertheless, the defendant did not comply with the demand of the police officer for the measurement of alcohol in a manner that does not put the whole in a drinking measuring instrument without good cause.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report and on-site photographs;

1. The circumstantial statement statement and investigation report of the host driver;

1. Application of Acts and subordinate statutes to detect and report the violation of the Road Traffic Act;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is the criminal records of the defendant two times, the defendant left the scene after leaving the scene that he/she would cause a traffic accident by his/her own negligence, and the defendant committed the crime of this case in which he/she failed to comply with a request of a police officer tracking the defendant to take a drinking test upon the victim's report, and the defendant himself/herself is the disabled person.

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