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(영문) 울산지방법원 2014.12.30 2014고단2529
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On December 5, 2013, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor for a violation of the Road Traffic Act at the Ulsan District Court on December 5, 2013, and the judgment became final and conclusive on the 13th of the same year.

【Criminal Facts】

1. On July 19, 2014, the Defendant violated the Road Traffic Act (Refusal of measurement) at the traffic survey office of the Ulsan-dong Police Station in the Ulsan-dong Police Station located in the Ulsan-dong, Ulsan-dong, on or around 19:55 on the same day, starting from the lower part of the lower part of the mouth located in the north-dong, Ulsan-dong, Ulsan-gu, Ulsan-do, and starting from the lower part of the lower part of the lower part of the lower part of the road at the first intersection of the road in the Ulsan-gu, Ulsan-do, U.S., the Defendant was demanded from the Ulsan-dong Police Station in compliance with the demand of 30 minutes by inserting alcohol to the lower part of the front part of the dong office located in the same Dong-gu, Ulsan-dong, U.S., Seoul-dong, where he was reported due to an accident shocking the E-driving of the D driver who was waiting to the front part of the vehicle while driving the vehicle, and due to considerable reasons to recognize that he was under the influence of alcohol.

Nevertheless, the defendant refused to put the whole in a drinking-free measuring instrument, and failed to comply with the drinking-free measurement by police officers without justifiable grounds.

2. On July 19, 2014, at around 19:55, the Defendant driven a C-Lon car without a vehicle driver’s license in the section of approximately 3.6K located in the same Dong/Dong office located in the same Dong/Dong through the first intersection of Ulsan-gu, Ulsan-gu, the location of the accident.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement made to D by the police;

1. The register of driver's licenses, registration license (C), and registration certificate (C);

1. The report on detection of a drinking driver, the report on the circumstances of a drinking driver, and the use register of a drinking measuring instrument; and

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