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(영문) 울산지방법원 2016.10.06 2016고단2677
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

On June 30, 2016, at around 07:49, the Defendant was required to respond to the measurement of alcohol by inserting alcohol measuring instruments over about 30 minutes, on the grounds that there are reasonable grounds to recognize that he was driving under the influence of alcohol, such as smelling and smelling red on the face, while driving C-7 motor vehicle in a drunken state at the Nam-gu B B B B, Ulsan-gu, Ulsan, upon receiving a report from the D Zone Assistant of the Ulsan-gu Police Station D District, Ulsan-gu, Busan, and called "A drinking driver."

Nevertheless, the defendant did not comply with the request for measurement of alcohol by a police officer without justifiable grounds by stating that "B has been acting on behalf of the defendant," refusing to put the whole in a drinking measuring instrument into a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the actual state of the driver;

1. The user ledger of the measuring instruments for drinking;

1. Application of statutes on site photographs;

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

1. Selection of fines;

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

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

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