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(영문) 울산지방법원 2019.08.22 2019고단1810
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 25, 2018, the Defendant was sentenced to five years of imprisonment for a crime of injury resulting from similar rape in the Ulsan District Court, which became final and conclusive on November 2, 2018, and is currently under probation.

On April 20, 2019, at around 22:32, the Defendant, from the Do near Dr. Dr.nam-gu in Ulsan-gu, Seoul-do, to the above Cr. Cr. Cr. and the front road, driven Er. B-V vehicle at approximately 100 meters in the direction of alcohol on the road in front of Ulsan-gu, and discovered the developments leading up to the Ulsan-nam Police Station in front of the Cr. Cr., and stopped the above Er. B-V vehicle on the rear side of the bus at the Ulsan-do Police Agency, U.S., which was stopped on the right side to avoid drinking control, and reported that the Defendant stopped the above Er. B-V vehicle with the above r.m., while driving the vehicle under the influence of alcohol, it was demanded from the above F to avoid drinking and to avoid drinking by means of a drinking measuring instrument.

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. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Article 148-2 (1) 2 and Article 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime / [Selection of fine]

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was punished due to drinking without permission, driving without permission, traffic accidents, etc., and it is recognized that it was a period of probation at the time of the instant case, but it is not possible to repeat the crime again after the crime.

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