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(영문) 울산지방법원 2020.07.24 2019고단4683
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

【Criminal Power】 On December 26, 2007, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Ulsan District Court, and on December 23, 2013, the Defendant was sentenced to a summary order of 4 million won for a crime of violating the Road Traffic Act, and on September 26, 2017, the same court was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act.

【Criminal Facts】 2019 Highest 4683】

1. On November 5, 2019, the Defendant was requested to respond to a drinking test by inserting alcohol in a manner of drinking alcohol, such as smelling and smelling on the face of a police officer D belonging to the Ulsan Heavy Police Station C District District, which was dispatched after receiving a report from 112, at the school nature administrative welfare center in Ulsan-gu, Ulsan-gu, 92, and “the Defendant was parked above the prescribed threshold of the above administrative welfare center by driving a Mae-car and parked above the prescribed threshold of the above administrative welfare center.”

Nevertheless, the defendant refused to comply with the drinking test of police officers without justifiable grounds, such as "Is a public prosecutor's test and a fine."

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

"200 Highest 1648"

2. On April 4, 2020, at around 02:25, the Defendant driven a motorcycle at approximately 50 meters section from the front of the Defendant’s residence in Ulsan-gu E to the front of the Ulsan-gu, Ulsan-gu, without obtaining a license for a motorcycle under the influence of alcohol concentration of about 0.107%.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's legal statement "2019 Highest 4683";

1. The ledger on the use of drinking instruments and the table on the handling of 112 Reporting Cases "20 Highest 1648";

1. The fact of crackdown on driving under drinking;

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