(영문) 울산지방법원 2017.05.30 2017고단345

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(영문) 울산지방법원 2017.05.30 2017고단345

도로교통법위반(음주측정거부)

Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 2, 2017, the defendant confirmed that the police officer called up after receiving a report on the drinking of the defendant's drinking while driving a XG car under the influence of alcohol at around 377,00 U.S., the U.S., U.S., U.S., U.S. 22:0 around 22:00, and the defendant confirmed that the walking condition would be impossible to walk, and that the blood color is very red and arrested the defendant as the current criminal.

Since then, the Defendant did not comply with a police officer’s measurement without justifiable grounds, even though the Defendant received a request for a police officer’s measurement by inserting alcohol measuring instruments four times in total after being taken into custody at the aforementioned police station:33 to 23:10 on the same day at the Ulsan-do Police Station, Ulsan-do, Ulsan-si, Ulsan-do, Ulsan-do, for a total of 340-20 occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on the police;

1. Notification of the results of regulating the driving of drinking, the statement of the driver's circumstances, the copy of the ledger using the measuring instrument for drinking, and the application of Acts and subordinate statutes to photographs if drinking is refused;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of violating the Road Traffic Act for the reason of sentencing under Article 62-2 of the Criminal Act on the grounds of protection and observation and lecture order shall be determined as follows: considering the following: (a) the crime of violating the Road Traffic Act for the reason of sentencing under Article 62-2 of the Criminal Act not only causes interference with the measurement of drinking by police officers, but also causes the danger of drinking driving; (b) the defendant is a fine for a violation of the Road Traffic Act for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2006; (c) a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 207; (d) a violation of the Road Traffic Act for a violation of the Road Traffic Act; and

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