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(영문) 울산지방법원 2019.07.11 2019고단1543
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around 02:40 on April 7, 2019, the Defendant violated the Road Traffic Act (refluence of the noise measurement) (i.e., the Defendant driven B 2 vehicles under the influence of alcohol on the road between Ulsan-gu and Ulsan-gu, Seoul-do, where he was under the influence of alcohol, and caused a traffic accident in which the part of the left-hand part of the motor vehicle owned by D, which was parked on the left-hand part of the said motor vehicle in front of the left-hand part of the said motor vehicle, and (ii) was diving from the driver’s seat of the said motor vehicle. (iii) Around 03:14 on the same day, the Defendant avoided the Defendant’s request from G to take a alcohol measurement by inserting the motor vehicle in front of the left-hand part of the said motor vehicle, which was parked on the left-hand part of the motor vehicle.

As a result, the Defendant did not comply with the alcohol alcohol measurement by police officers.

2. Around 02:40 on April 7, 2019, the Defendant driven B 2 vehicles within a section of about 100 meters from the Do near Ulsan-gu H to the Nam-gu C road, Ulsan-gu, Ulsan-gu without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 152 (1) and 43 of the Road Traffic Act; Articles 152 (1) and 43 of the Road Traffic Act; the choice of imprisonment for each sentence of imprisonment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act, even before and after the reason of sentencing, causing a traffic accident by drinking alcohol or driving without a license, is heavy;

However, there is no criminal conviction exceeding a fine, and it is true.

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