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(영문) 울산지방법원 2013.06.17 2012고정1478
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 4, 2011, the Defendant was driving a 98C City 100 Obane, which was not registered without a motorcycle driver’s license on July 22, 201, and proceeded about about 4 km from the front day of the Yancheon-dong, Ulsan Island, which was located in the Yancheon-dong, Ulsan Island, to the vicinity of the new pharmacist’s distance located in the same pharmaceutical Dong in the same Gu via the same Jung-gu dong.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) has reasonable grounds to recognize that the Defendant was driving the Ortob while under the influence of alcohol, such as drinking, smelling, and sprinking red on face, etc. at a district zone B of the above temporary border, and the Defendant did not comply with a request from the head C of the police station to comply with the drinking measurement by inserting approximately 36 minutes of the drinking measuring instrument three-minutes under his/her jurisdiction, even though he/she was requested from the head C of the police station to comply with the drinking measurement without justifiable grounds.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. The actual survey report and on-site photographs;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Photographs of a place where the drinking alcohol is refused;

1. Application of the statutes on the register of driver's licenses;

1. Subparagraph 2 of Article 148-2 of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 2011; Act No. 10790, Feb. 2, 201), Article 154 subparagraph 2, and Article 43 of the Act on the Punishment of Criminal Crimes (the point of non-licensed driving)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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