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(영문) 울산지방법원 2019.07.24 2019고단1469
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of two years on July 13, 2018 at the Ulsan District Court on July 5, 2018 for a violation of the Road Traffic Act, etc., and is currently under suspended sentence, which became final and conclusive on July 13, 2018.

【Criminal Facts】

1. On February 11, 2019, while under the influence of alcohol at around 00:20, the Defendant violated the Road Traffic Act (i.e., the Defendant’s violation of the Road Traffic Act): (a) driven a B Belgium car while driving it on February 11, 2019; (b) moving from the south-gu, Ulsan-gu to the king-ro of 39, the Jinsan-gu, Ulsan-gu, without properly operating the steering gear; (c) proceeding without properly operating the steering gear; and (d) entering the said shooting distance from the edge of the domination funeral distance to the docheoncheon-do, the front part of the D driving Estst Driol-si, which is parked in accordance with signals such as signals, caused a traffic accident involving the front part of the C Belgium car; and (d) during the same day, the Defendant took a heavy reason to recognize that he/she was subject to a drinking test by means of drinking, such as making a request for a drinking test by means of drinking.

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

2. Around 00:20 on February 11, 2019, the Defendant driving a vehicle as B in the section of approximately 4.2 kilometers without a car driver’s license, from the front point of “I” located in H in Ulsanbuk-gu, Ulsan-gu, Ulsan-gu to the Jinsular distance of about 39, Ulsan-gu, Ulsan-gu to the Jinsular street.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, on-site photographs, black stuffs, video white cd;

1. Statement of the results of the drinking driving control (Refusal of measurement), notification of the results of the drinking driving control, report on the state of drinking drivers, investigation report (report on the state of drinking practice);

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