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(영문) 울산지방법원 2020.07.23 2020고정367
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On February 1, 2020, at around 02:50, the Defendant violated the Road Traffic Act (Refusal of Drinking Measures) demanded that the Defendant comply with a drinking test by inserting alcohol in a manner of putting the breath in a breath of Ulsan-gu, Ulsan-gu, U.S., Police Station E-gu, Ulsan-gu, U.S., which was dispatched after receiving a suspected report of drinking while driving D's c's c'pack on the front of the "C" car page in Ulsan-gu, U.S., and called for a suspicion of drinking.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

2. Around 02:50 on February 1, 2020, the Defendant driving a D-h-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the situation of drinking drivers;

1. Investigation report (report on the circumstances of a drinking driver, refusal of drinking, and investigation into passengers);

1. Notification concerning the ledger of driver's licenses and the report of 112 Incident;

1. Application of the Acts and subordinate statutes on CCTV for drunk driving;

1. Relevant provisions of the Act on Criminal facts, Articles 148-2 (2), 44 (2) (the occupation of refusing to measure noise), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (the occupation of driving without a license) concerning the selection of fines, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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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