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(영문) 울산지방법원 2017.10.26 2017고단2985
도로교통법위반(사고후미조치)등
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

Punishment of the crime

- On July 18, 2017, the Defendant driven a motor vehicle of approximately 400 meters from the 5-lane from the 2nd line to the 6-16-16nd parallel in Ulsan-dong, Seocheon-dong, Ulsan-dong, Ulsan-do, Nowon-gu, Seoul-do, to the 6-gil 6-16nd parallel in Ulsan-do.

At around 23:44 on the same day, the Defendant was required to comply with the measurement of drinking alcohol by inserting it into a drinking measuring instrument over about 26 minutes, on the grounds that there are reasonable grounds to deem that the Defendant was under the influence of alcohol, such as drinking on the face, smelling at the Defendant’s entrance, snicking on the face, while driving a motor vehicle under the influence of alcohol, such as a raining distance, etc., and driving the motor vehicle under the influence of alcohol at around 26 minutes.

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하거나, 입김을 불지 않고 빨아들이는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the ledger of use of drinking meters and the circumstantial report of drivers;

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

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

1. Article 334(1) of the Criminal Procedure Act (limited to sentencing) of the Criminal Procedure Act of the Provisional Payment Order provides that the defendant's act of failing to comply with a request by an investigative agency for measurement of drinking after he/she causes a traffic accident;

Although it can not be seen, the punishment shall be determined as ordered in consideration of various circumstances, such as the first offender, the background of the crime, the degree of reflectivity, etc. as shown in the records and pleadings.

- Part of innocence - Violation of Road Traffic Act (Measures Not to be Taken after Accidents)

1. The summary of the facts charged at sea is the person who is engaged in driving a motor vehicle with C bid.

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