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(영문) 울산지방법원 2018.11.02 2018고정851
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 29, 2018, at around 04:16, the Defendant, while driving a drinking-free car on the front of the gas station C located in Yangyang-si B, the Defendant was under the influence of alcohol, such as drinking alcohol to the Defendant from F of the police station affiliated with the police station E box of the Gyeongnam-gu Police Station E box called by the Defendant after receiving a report of 112 that the Defendant would drive a drinking-free car under the influence of drinking.

Although there are reasonable grounds to determine a person, he/she has been requested to respond to the measurement of drinking by inserting approximately 30 minutes in a drinking measuring instrument, he/she did not comply with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating driving of drinking alcohol and statement of the circumstances of driving of drinking alcohol;

1. Application of Acts and subordinate statutes to a report on investigation (report on the situation of a driver working in the main place), report on internal investigation (report on the witness's statement), report on internal investigation (report on the detection of a person suspected of being suspected of being in violation of traffic law (report on the detection of drinking), report on internal investigation (report on site photographs, etc.), report on internal investigation (Attachment to a copy of the register of using the dnivers of drinking alcohol),

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized and reflected by the defendant, and the defendant is only subject to criminal punishment for the past twenty years, and the circumstances surrounding the occurrence of the instant case are considered favorable and determined as ordered by the order.

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