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(영문) 울산지방법원 2018.10.30 2018고단2628
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Criminal facts

On August 23, 2018, the Defendant: (a) was a criminal of Ulsan-gun, Ulsan-gun, who driven a B rocketing car while drinking alcohol from approximately 1km to the front day of the traffic singing line in Eup-Myeon to the front day of the Hoho Elementary School located in the 75 Eup-ro of the same Eup-Myeon.

At this time, the Defendant driven a motor vehicle while under the influence of alcohol, such as a mold distance, while driving a motor vehicle while under the influence of alcohol, without the Defendant being able to snickly snife and sniffly walked by the police box C belonging to the Ulsan Police Station C.

A demand for the measurement of alcohol was made on the grounds that there are reasonable grounds to determine the person.

Nevertheless, the defendant did not comply with the police officer's request for a measurement of drinking without justifiable grounds, such as rejection of the aforementioned D's drinking alcohol measurement.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the offender's place, notification of the result of crackdown on drinking driving, report on the situation of the driver in charge, inquiry of the result of crackdown on drinking driving, application of the report processing case list, on-site photographs and CCTV-related Acts and subordinate statutes;

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. The criminal procedure of the provisional payment order takes into account the speech and behavior at the time of refusal of measurement of the reason for the sentencing of Article 334(1) of the Criminal Procedure Act, one fine for violation of the Road Traffic Act in 1997, one fine for violation of the Road Traffic Act in 2017, one punishment for violation of the Road Traffic Act in 2017, one punishment for violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the defendant's reflection.

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