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(영문) 울산지방법원 2015.12.11 2015고단2032
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the driver of Dratus.

1. Around 00:05 on October 4, 2014, the Defendant: (a) driven the said vehicle at a 1km section of approximately 1km from the street in the south-gu, Ulsan-gu, Ulsan-do to the 45-ro, Nam-gu, Ulsan-gu, Seoul-ro, Seoul-ro, to the 48-lane 11, around 48, the Defendant was driving the said vehicle; (b) on the ground that the Defendant obstructed the front of the vehicle due to the malfunction of the E driving on the street in front of the Southern-gu Urban Management Corporation in the Southern-gu, Nam-gu, Ulsan-gu, Seoul-gu, Seoul-do.

The report was made and voluntarily operated as FJ in the Ulsan Southern Police Station.

On October 4, 2014, around 00:37, the Defendant was required to comply with a drinking test by inserting approximately 30 minutes in a drinking measuring instrument, on the grounds that there are considerable grounds to suspect that the Defendant was driving under the influence of alcohol, such as the development of drinking, the suppression of drinking, the flow of snow, and the shock of snow, etc., from the slope H of the said F Zone GUK in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul Special Metropolitan City, and there is considerable reason to suspect that the Defendant was driving under the influence of alcohol, such as a certain big distance and the shock of snow, but the Defendant did not comply with the demand for a drinking test by a police officer without justifiable reason.

2. On October 4, 2014, at around 00:05, the Defendant committed assault, on the street in front of the Southern-gu Urban Management Corporation located in Ulsan-gu, Ulsan-gu, Seoul-gu, on the ground that the ozone layer of the victim E (the age of 27) driven from the driver’s seat on the ground that the Defendant obstructed the front of the vehicle on the part of the Defendant’s driver’s, using two right fingers, brea the part of the victim’s timber, and brea the victim’s breath by using two hand, and leading the victim’s breath to the parking lot of the Urban Management Corporation.

As a result, the defendant got the victim to suffer about two weeks of treatment, resulting in a sins, etc. requiring treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of police statement to I and J;

1. E: 1.1.

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