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(영문) 울산지방법원 2017.06.16 2017고단1508
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On April 17, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant, while driving the motor vehicle B from approximately 1km section from the border of the police box affiliated with C, while driving the motor vehicle at approximately 63-63m from the front of the Sinsan-si and Yan-si, other than 63-63 Sinan-si, to the front of the Sing-si, via the Sing-si and Yan-si, the Defendant driven the motor vehicle under the influence of alcohol, such as sprinking alcohol to the Defendant and sprinking on the face.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 15 minutes into a drinking measuring instrument.

Nevertheless, the defendant continues to be considered only once, and the defendant did not comply with a police officer's request for measurement of drinking without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report on detection of any violation of traffic laws on roads, notification of the results of the crackdown on the driving of alcohol, statement of the situation of the driver under driving, investigation report and internal investigation report;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reasons for sentencing in Article 62-2 of the Criminal Act for the order to observe the order to protect the defendant was sentenced to a fine for a violation of the Road Traffic Act in 2003, a fine for a violation of the Road Traffic Act in 2004, a fine for a violation of the Road Traffic Act in 2009, and a violation of the Road Traffic Act in 2009, and the defendant refused to take a drinking level after he/she has been sentenced to a fine for a violation of the Road Traffic Act in January 28, 2005, a fine for a violation of the Road Traffic Act (non-licensed driving) on December 30, 2005, a fine for a violation of the Road Traffic Act (non-licensed driving) on December 30, 2005, each of which was sentenced to a fine for a violation of the Road Traffic Act (non-licensed driving) in 208, and the defendant's health is good.

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