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(영문) 울산지방법원 2016.10.13 2016고단2372
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On February 3, 2014, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Busan District Court. On July 29, 2015, the Defendant issued a summary order of three million won for a fine of eight million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on July 29, 2015, and a fine of three million won for a violation of the Road Traffic Act (Driving without a license) on July 15, 2016.

On October 8, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Ulsan District Court on October 8, 2015, for one year and six months, or two years of suspended execution, and the said judgment becomes final and conclusive on October 16, 2015 and is still subject to

【Criminal Facts】

1. Around 10:00 on June 26, 2016, the Defendant driven a 500-meter section from the front of Ulsandong-gu B to the front of the police box located in Ulsan Dong-dong-gu C, Ulsandong-gu, without a driver’s license, Enuclear 125 obba, without a driver’s license.

2. The Defendant violated the Road Traffic Act (Refusal of the measurement) at the same time and time as in the preceding paragraph, while carrying out a civil petition at the above D police box, the Defendant 112 reported that the Defendant driven the stoke in drinking condition, sniffing the Defendant from the slope F of the Ulsan East Police Station D Police Station, which received the 112 report that the Defendant driven the stoke in drinking condition, and sto the extent that the Defendant was unable to walk, and there were reasonable grounds to recognize that the Defendant carried the stoke on the roads around the police box around the above police box, and was demanded from around 11:0 on the same day to comply with the measurement of the s to put the stoke in the stoke during three minutes between approximately 20

Nevertheless, the defendant did not comply with a police officer's demand for alcohol testing without justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of a drinking driver, and the ledger using a drinking measuring instrument;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to photographs which refuse to measure alcohol;

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

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