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(영문) 울산지방법원 2016.03.21 2016고정154
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 7, 2015, the Defendant was parked at the entrance of the west-gu, Ulsan-gu, U.S., U.S., Ulsan-gu, U.S., U.S., U.S. at approximately 10 meters away from the parking lot to outside of the parking lot, and was parked at the exit of the west-gu, U.S., U.S.

C Having shocked the back end of the driver's seat of D-car volume, the driver's sound of the accident was so drinking to a police officer called out after receiving a witness's report, and was voluntarily accompanied by the traffic survey team of the Ulsan-gu Police Station for the measurement, and was driven under the influence of alcohol.

There is a reasonable reason to determine a person, and he/she has been requested from a slope E and a slope F to comply with a drinking test by inserting the whole part of a drinking measuring instrument over about 30 minutes, but he/she did not comply with a police officer's request for the measurement of drinking without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of the Acts and subordinate statutes concerning the selection of a person against whom measurement is refused;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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