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(영문) 울산지방법원 2017.11.21 2017고단3765
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

1. On August 19, 2017, the Defendant driven a Dex 300 meters-hour vehicle without a driver’s license on the front road located at C at the time of a grace period of around 06:20 on August 19, 2017.

2. Defendant 1 driven under the influence of alcohol at the same time and at the same place as above, Defendant 2 was driving under the influence of alcohol on the ground of the following: (a) Defendant 1 was driving under the influence of alcohol from the border F of the E District, who was called to the site after receiving a report while driving alcohol at the same time; (b) Defendant 2 was under the influence of alcohol on the ground of a little big and face color

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Notification of the results of crackdown on the driving of alcohol, report on the situation of the driver under the influence of alcohol, report on the situation of the driver under the influence of alcohol, vehicle and reporter's photographs, and the register of driver's licenses;

1. Application of investigation reports (related Acts and subordinate statutes concerning refusal to measure driving ofA drinking alcohol);

1. Relevant legal provisions and driving without obtaining a license for the option of punishment for facts constituting the crime: Subparagraph 1 and Article 43 of the Road Traffic Act; Article 152 of the Road Traffic Act; Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act; Articles 148-2 (1) 2 and 44 of the Road Traffic Act; Imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the extent that the punishment is added by the term of two crimes above the punishment specified for a crime of violating the Road Traffic Act with heavier punishment];

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include not only the defendant's refusal to measure drinking, but also the defendant's non-licenseed driving, and the defendant is punished twice a fine due to the violation of traffic laws before the case, and the violation of traffic laws on the road.

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