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(영문) 울산지방법원 2016.09.29 2016고단2212
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 5, 2016, the Defendant driven a rash vehicle while drinking on the road prior to the notice of the 1263 pul public vehicle in Ulsan-gun, Ulsan-gun, Ulsan-do, the Defendant driven the rash vehicle under the influence of alcohol, such as drinking alcohol, drinking on the face of the police box affiliated with the police box of the Ulsan-gu, Ulsan-do, the Defendant driven from D, who was under the influence of alcohol, such as snicking and snicking on the face.

For about 30 minutes of time, there was a reasonable reason to determine a person, which was demanded to respond to the measurement of drinking by inserting the whole in four minutes of drinking.

Nevertheless, the defendant refused to take a drinking test and failed to 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. Application of Acts and subordinate statutes to notify the investigation report on the actual condition of traffic accidents, the statement report on the situation of the driver in charge, and the results of crackdown on drinking driving;

1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, where a defendant caused a dangerous accident due to influence of drinking, and the defendant's refusal to take a measurement of drinking by the above police officer, which would be exempted from liability, is the case where the defendant refuses to take a measurement of drinking by the above police officer, and the defendant is deemed to have been habitually driving of drinking on at least five occasions including the previous offense subject to a suspended sentence, and the nature of the crime and the fact that the driving of drinking seems to have been habitually taking place, is inevitable

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