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(영문) 울산지방법원 2020.01.14 2019고단3916
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 26, 2019, the defendant was charged with a fine of one million won for a violation of the Road Traffic Act with the Ulsan District Court on August 26, 2019 and is currently under summary trial.

1. On September 28, 2019, the Defendant: (a) driven a F Poter Cargo at a section of about 1km from the front of a restaurant in Ulsan-gun, Ulsan-gun to the front of the E Convenience located in D, without a driver’s license, on September 23:30, 2019.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to respond to a drinking test on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as the Defendant, who parked the above boom vehicle on the road front of the E convenience store located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Police Station G commander of the Ulsan-gu, Police Station, who called out after receiving a report of 112 that the Defendant was suspected of driving under the influence of alcohol, by driving under the influence of alcohol.

Nevertheless, the Defendant did not comply with the so-called “the driver did not drive in and on behalf of the driver,” and did not comply with the so-called so-called “the driver did not comply with the so-called “the driver,” and did not comply with the so-called “the driver’s request for so-called alcohol measurement by a police officer without justifiable grounds, by escaping approximately 10 meters in the direction of the J in other I

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Each statement of L;

1. Report on the statement of the situation of a drinking driver, notification of the results of the drinking driving control, and the ledger of driver's licenses;

1. Photographs;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of facts during summary trial), and application of Acts and subordinate statutes applicable to indictments;

1. Relevant provisions of Article 148-2 (3) 1, and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime (the act of refusing to measure the noise level), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the act of driving without a license) and imprisonment with prison labor, respectively;

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