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(영문) 울산지방법원 2017.09.19 2017고단2651
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Criminal facts

On July 2, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling and smelling on the face of the Defendant, while driving a motor vehicle under the influence of alcohol from the front of an elementary school in front of the head of Ulsan-gu, Ulsan-gu, U.S., U.S., under the influence of alcohol, to the front of the head of the Gu, or from the front of the head of the Gu, while driving a motor vehicle under the influence of alcohol.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting approximately 35 minutes into a drinking measuring instrument.

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, a copy of the statement of the driver under the circumstances of the driver under the influence of alcohol, the ledger of measuring instruments for drinking alcohol, the distance of suspect movement, the vehicle photographs of the police box, and the application of statutes

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Consideration, such as the fact that the defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, has a history of being sentenced to a fine one time as a crime of violating the Punishment of Violences, etc. Act in the year 2014 prior to the instant case, due to a violation of the Road Traffic Act (joint assault) in the year 2015, one time a fine as a crime of violating the Road Traffic Act in the year 2015;

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