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(영문) 울산지방법원 2017.09.04 2017고단2778
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 14, 2017, 23:20 on July 23:20, 2017, the Defendant observed a witness to crack down on drinking in front of the C cafeteria located in the Dong-gu, Ulsan-si, B, and the Defendant was under the influence of alcohol, such as snowing and snowing, when the police officer tried to stop and talk with him.

A person who has a reasonable ground to be appointed as a person, but has failed to comply with the measurement although he/she was requested by D to take a drinking test from a police officer belonging to the Ulsan East Police Station.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger using each photograph and drinking gauge;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same kind of crime is not less than the liability for the crime in light of the repetition of the crime, the risk of re-offending of drinking, and the nature of obstructing the performance of official duties in the crime of refusing to measure drinking, but

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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