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(영문) 울산지방법원 2019.04.30 2019고단52
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 17:20 on October 29, 2018, was found to have driven under the influence of alcohol at a C-practice hall located in Yangsan City B after having reported 112 that the Defendant was suspected to have driven under the influence of alcohol, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the circumstance belonging to the Yangsan Police Station D police box called to the site after having reported 112, E, and the Defendant’s occurrence of reactions to the influence of alcohol, such as smelling and smelling on the face of the Defendant, sniffing red on the face, and showing reactions to the influence of alcohol, etc., and requested that he/she comply with the alcohol measurement by inserting four times in total from around 17:48 of the same day to 18:09 on the same day, but failed to comply

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of such a violation of the Road Traffic Act;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

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

1. Application of each photograph (Evidence Records 26-28 pages) statute

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. Probation, community service order, and order to attend a lecture for sentencing under Article 62-2 of the Criminal Act: (a) the nature and circumstance of the crime are not good in light of the method and mode of the crime; (b) the details and circumstances at the time of the crime; and (c) the police officer dispatched to the site after being reported 112 that the Defendant’s drinking operation is suspected at the time, who snicked the Defendant, snicking on the face, snicking on the face; and (d) there are reasonable grounds to recognize that the Defendant was driving a motor vehicle under the influence of alcohol, such as a long distance, etc.; (b) the Defendant demanded to comply with the alcohol

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