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(영문) 울산지방법원 2020.04.21 2019고단4953
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

1. Violation of the Road Traffic Act (Refusal of measurement) on November 18, 2019, the Defendant was in compliance with a drinking test by inserting the drinking measuring instrument into a drinking measuring instrument for about 10 minutes on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as making a response to drinking in a drinking-free season from the police station C District of the Ulsan-nam Police Station, the police officer, and the police officer conducted a drinking test by inserting it into a drinking measuring instrument for about 10 minutes on the roads near the Ulsan-dong, Ulsan-gu, Ulsan-gu, U.S. to the roads front of a bus terminal located 133-lane, Ulsan-gu, Ulsan-gu, U.S., and U.S., Southern-gu, Police Station C District, which was called after being reported 112 on the roads in front of the bus terminal. However, the Defendant did not comply with the demand for a drinking test without justifiable reasons.

2. At around 02:00 on November 18, 2019, the Defendant obstructed the police officer’s legitimate execution of duties concerning mobilization of the 112 report by assaulting the police officer’s 112 report by assaulting him/her in a way that he/she takes a bath to his/her son, D, or E while taking a bath to the police officer, on the ground that he/she was demanded by the police officer D or E to leave the vehicle on the front of the bus terminal located in the Ulsannam Police Station C District, Ulsannam Police Station C, and to comply with a drinking test.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant legal provisions concerning the crime, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the punishment of the crime;

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

1. According to Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the Defendant recognized his/her mistake and reflects his/her mistake, and the Defendant appears to have committed the instant crime by contingency in the state of exploitation, among those difficult appraisal adjustment due to diversary disorder, and immediately after the instant crime, he/she shall be hospitalized in a mental hospital for three months.

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