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(영문) 울산지방법원 2016.06.28 2015고정1585
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Defendant

A is a person who has run a car B.

On July 19, 2015, the Defendant parked a vehicle with approximately three meters later than the E convenience stores in the D market located in Ulsan-gun, Ulsan-gun, U.S. on July 19, 2015.

F(36 Does, South) management caused traffic accidents that shock the right side of the G Poter Cargo Vehicle.

As a result, a driver was driven under the influence of alcohol, such as drinking at the Defendant’s entrance from the police commander I of the police box belonging to the police box called to the scene to handle a traffic accident, and checking the drinking reaction at the drinking reduction engine.

Since there are reasonable grounds to determine a person, it was demanded to respond to the measurement of alcohol by inserting approximately 30 minutes of it, such as the demand for the first measurement of around 01:03, demand for the second measurement of around 01:13, demand for the third measurement of around 01:23, demand for the fourth measurement of around 01:33, demand for the fourth measurement of alcohol.

피고인은 그럼에도 불구하고 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in the primary business and a written statement of the situation of drivers;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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 concerning the order of provisional payment;

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