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(영문) 울산지방법원 2019.07.25 2019고단653
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

1. On February 13, 2019, the Defendant: (a) driven approximately two meters of DNA rocketing vehicles without a driver’s license on the side of a cafeteria located in Ulsan Southern-gu B from around 13:30 to around 14:03 of the same day; (b) from around 13:30 of February 12, 2019.

2. Around 14:03 on February 12, 2019, the Defendant avoided the demand of the Defendant to comply with the alcohol alcohol measurement by inserting the breath in a ccafeteria located in Ulsan Nam-gu, Ulsan-gu, for the following reasons: (a) on the 14:03rd day of the Road Traffic Act; and (b) on the 112th day after receiving the notification that the Defendant driven the said string vehicle as stated in the preceding paragraph; and (c) on the breath day of the Ulsan-nam Police Station Ea police box called out, the Defendant was required to comply with the alcohol measurement by inserting the breath on the face of the Defendant.

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. Application of Acts and subordinate statutes, such as a report on the state of standing and statement of drivers, the ledger of driver's licenses;

1. Relevant legal provisions concerning criminal facts: Articles 148-2 (1) 2, 44 (2) (a) and 152 subparagraph 1, and 43 (a) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); and the choice of imprisonment for each term of imprisonment, respectively.

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

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

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is recognized and reflected in the facts charged, the fact that the driver was in a sudden interest while engaging in a dispute with the restaurant, and that the driving distance is less than 2 meters and that the driver was in a low time zone is favorable to the defendant.

On the other hand, the criminal records are several times, and the criminal acts during the suspension of execution are disadvantageous to the defendant.

Other factors of sentencing, such as the defendant's age, character and conduct, environment, and motive for crime, shall be considered.

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