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(영문) 울산지방법원 2019.05.17 2019고단279
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 22, 2018, at around 01:15, the Defendant avoided a demand to comply with a drinking test by inserting alcohol measuring four minutes from around 01:20 on the same day to about 35 minutes from around 01:20 of the same day, while driving Denz 350 vehicles in front of the store in Ulsan-gu B while drinking alcohol, from the superintendent E of the police station in the Ulsan-nam Police Station, the Defendant, at the same time, was found to have been aware that he/she driven the vehicle under the influence of alcohol, such as smelling and smelling the face while driving the vehicle in front of the store in Ulsan-gu, Ulsan-gu.

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. Statement of a drinking driver, notification of the results of crackdown on drinking driving, and application of Acts and subordinate statutes of an investigation report;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as the same as the order, in consideration of the following factors: (a) the accused has led to the instant crime; (b) the accused has been punished twice due to drunk driving; and (c) the accused's age, environment; and (d) the circumstances after committing the crime, etc.

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