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(영문) 울산지방법원 2019.03.07 2018고단3568
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On August 26, 2018, at around 04:57, the Defendant: (a) driven an Eststren vehicle in front of a 'C' restaurant located in Ulsan-gu B; (b) was under the influence of alcohol in a section of approximately one kilometer from the Nam-gu, Ulsan-gu, Ulsan-gu, the Defendant stopped on the front of the above ‘C’ restaurant; and (c) obstructed the Mastren vehicle by following the Mastren vehicle and driving the vehicle while driving the vehicle. The Defendant avoided the Defendant from participating in the G District of the Ulsan-nam Police Station G District of the Ulsan-gu, Ulsan-gu, Seoul, upon receiving the 112 report that the driver of the Mastren vehicle would drive the vehicle at the will. The Defendant was required to avoid the demand of the Defendant to take a drinking-free measuring instrument for about 40 minutes in the influence of alcohol on the face of the her face, and to take a drinking-free measuring instrument for about 40 minutes.

As a result, the Defendant did not comply with the alcohol alcohol measurement by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to report on the circumstantial statements and investigation report of a host driver;

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Determination in consideration of the fact that a person drives again before and after the same kind of punishment and three times under Article 62-2 of the Social Service Order Act, the driving distance is not clear, the defendant's age, environment, etc.;

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