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(영문) 울산지방법원 2014.02.18 2013고정1349
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 12, 2013, 14:50, the Defendant driven a 1110 stoba and parked the stoba in E while drinking alcohol from the s to the s to the stoves located in C, which are located in the stowadong, Ulsan-gu, Ulsan-gu, Ulsan-do.

The Defendant was required to respond to the measurement of alcohol by inserting four minutes from the horse F to 15:10 to 15:40, on the grounds that there are reasonable grounds to recognize that the Defendant had driven a alcohol while drinking alcohol, such as her f who has been working in the field of agriculture and sports, her heavy snow, her smelling, her smelling, and her eyeing, and he/she has a significant reason to recognize that he/she had driven a alcohol by drinking alcohol measuring instruments for four minutes.

Nevertheless, the defendant did not put the whole breath in a drinking measuring instrument and avoided it by hand, and did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration and the circumstantial report of the motor vehicle under consideration;

1. Application of Acts and subordinate statutes to field photographs and photographs refusing measurement;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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