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(영문) 울산지방법원 2018.10.23 2018고단2477
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Criminal facts

On July 11, 2018, the Defendant was under the influence of alcohol by setting up a Ck5 car on the front side of B in Yangsan-si, Yangsan-si, and was under the influence of alcohol. The Defendant was under the influence of alcohol on the ground that he was under the influence of alcohol at the D District Racing Station D District Racing Station, which was dispatched after receiving a report, and was under the influence of alcohol.

Due to reasonable grounds, it was required to measure drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the Defendant refused to comply with a police officer’s request for a measurement of drinking on the same day, such as refusing to measure the first alcohol, refusing to measure the second alcohol in light of 01:25 on the same day, refusing to measure the second alcohol in light of 01:35 on the same day, refusing to measure the third alcohol in light of 01:35 on the same day, refusing to measure the fourth alcohol in light of 01:41 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. To refer to the arrest report of the occurrence of the case, the report of the situation of the driver under the influence of alcohol, the inquiry of the results of crackdown on the driving of alcohol, the application of the 112 reported case processing table, and the ledger of

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the Defendant’s speech and behavior and circumstances immediately after driving of alcohol for the reason of sentencing, the history of punishment No. 1 on the violation of the Road Traffic Act in 2011, and the reflectivity of the Defendant.

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