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(영문) 울산지방법원 2014.06.27 2014고정941
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 11, 2013, at around 16:15, the Defendant was demanded to respond to the measurement of alcohol by inserting the breath of a drinking measuring instrument into a drinking measuring instrument for about 40 minutes on the face, while driving a bcoon in front of the bcoon in a manner of drinking, such as drinking, while driving a bcoon in front of the bcoon, which is in the upper right of the Ulsan-gun, Ulsan-gun, etc., while driving the vehicle under the influence of drinking, from the bcoon D, to which the bcoon belongs to the police box of the Ulsan-do Police Station C, and driving the vehicle under the influence of drinking, such as smoking, etc.

그럼에도 피고인은 음주측정기에 입김을 불어 넣은 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The user ledger of the measuring instruments for drinking;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to the circumstantial report on a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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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