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(영문) 울산지방법원 2017.09.20 2017고단2013
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On June 3, 2017, the Defendant violated the Road Traffic Act (refluence of drinking), the Defendant driven a motor vehicle under the influence of alcohol, such as a DNA sexual party located in Ulsan-dong, Ulsan-gu, Ulsan-gu, and a traffic accident-related 112 report and sent to the site, with the Defendant’s slopeF belonging to the Ulsan-dong Police Station Etic Zone in the Ulsan-dong, Ulsan-dong, Police Station, in a way that the Defendant snife, snife, snife, and dumf, while under the influence of alcohol.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the defendant refused to put the whole in a drinking measuring instrument, and failed to comply with a police officer's request for a drinking test without justifiable grounds.

2. On June 3, 2017, the Defendant: (a) driven a H 125CC car without a motor device driver’s license within a section of approximately 200 meters from the front of his/her residence in Ulsan-dong G to the front of his/her gender in C, from the road located in Ulsan-dong G to the road located in C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions and refusal to take a measurement of or take a sentence against a crime: Operation without the option of a fine under Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act; Operation without the option of a fine: Article 154 subparagraph 2 and Article 43 of the Road Traffic Act; Selection of a fine under Article 154 subparagraph 2 and Article 43 of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of both crimes is aggregated);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is that the defendant was sentenced to imprisonment for not less than six months for a violation of road traffic laws at the Ulsan District Court on March 25, 2016 and has been sentenced to imprisonment for the same year.

7. 15. Even though the enforcement of the sentence has been terminated by the Port Correctional Institution, the same crime has also been committed.

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