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(영문) 울산지방법원 2014.11.20 2014고단2847
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On August 24, 2014, at around 04:56, the Defendant: (a) driven a public parking lot near Ulsan-gu, Ulsan-gu, Seoul-do, with drinking in about about 200 meters from the 200-meter section to the business suakker's road located in the same Dong; (b) stopped the said vehicle on the two-lane road; and (c) stopped the said vehicle from the driver's seat.

Accordingly, the Defendant received 112 reports and received reasonable grounds to recognize that E, etc., of the Ulsan-nam Police Station D District District D District E, etc. was driving under the influence of alcohol by breathing the Defendant, snicking and smelling the Defendant, etc. on the face, and accordingly, the Defendant was required to comply with a drinking test by inserting four minutes in total at the above D District Office for about 30 minutes (round 05:18 on the same day, the first measurement request was made at around 05:28 on the same day, the second measurement request at around 05:40 on the same day, the third measurement request at around 05:40 on the same day, and the fourth measurement request at around 05:48 on the same day).

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds, such as avoiding the demand for a drinking test.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the result of the crackdown on drinking driving, and report on the circumstantial statement of a drinking driver;

1. Application of statutes on site photographs;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on March 12, 2013 of the order of provisional payment is as follows: (a) even though the person was sentenced once to a fine due to drunk driving on March 12, 2013, it is not good in that the person committed the same kind of crime again; (b) however, it seems that he is still young and has been living in good faith as he was attending a night school while living at work; and (c) it is against the depth that he did not repeat the crime for his future.

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