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(영문) 울산지방법원 2016.09.21 2016고단2557
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 9, 2013, the Defendant was sentenced to imprisonment with prison labor for not less than eight months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of Road Traffic Act (unlicensed driving) at the Ulsan District Court on January 9, 2014 and completed the execution of the sentence.

1. On August 2, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a C MT car at a 500-meter level from the secondary market parking lot in Ulsan-gun, Ulsan-gun, Ulsan-gun, to the front road, without obtaining a driver’s license for a motor vehicle around 00:10 on August 2, 2016.

2. On August 2, 2016, the Defendant was under the influence of alcohol, such as drinking alcohol on the front side of the Ulsan-gun, Ulsan-gun, Ulsan-gun, and drinking alcohol, while driving a marina car as prescribed in paragraph (1) while drinking alcohol on the front side of the road. The Defendant was under the influence of alcohol by a policeman affiliated with the police box of the police station in the Ulsan-do, Ulsan-do, while drinking alcohol, drinking alcohol to the Defendant, snicking the snow, snicking the body, and driving the vehicle under the influence of alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 20 minutes into a drinking measuring instrument.

Nevertheless, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument and avoided this, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Each photograph;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly nine times) Acts and subordinate statutes;

1. Article 148-2 (1) 2, Article 44 (2), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Article 53 and Article 55 subparagraph 1 subparagraph 3 of the Criminal Act [limited to sentencing] of the same type of crime, which again led to the instant crime even though it was a repeated crime period.

The defendant himself can not find out the grounds that may be particularly considered in his motive or circumstance.

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