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(영문) 울산지방법원 2017.09.15 2017고정724
도로교통법위반(음주운전)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

On May 2, 2017, the Defendant driven Dalba in the state of alcohol concentration of about 0.128% from around 50 meters from May 2, 2017, 2017, from the front road of the Y apartment in Ulsan-dong, Ulsan-dong, U.S. to the front road of the East FM apartment.

The Defendant driven under the influence of alcohol on May 13, 2017, 16:32, 2017, 1112 on the roads of two elementary schools located in the dong-gu, Ulsan-gu, Ulsan-si, and reported to the site on May 13, 2017, by the Defendant, under the influence of alcohol, such as the Defendant’s drinking alcohol, the Defendant’s drinking alcohol, the flown snow, the debrising and debrising, the debrising and debrising, and the exposure to drinking.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 20 minutes into a drinking measuring instrument.

Nevertheless, the defendant did not keep the drinking measuring instrument in mind, and did not comply with the police officer's request for the measurement of drinking without any justifiable reason by avoiding it in a manner that makes it difficult for the defendant to take the breath of drinking.

Summary of Evidence

"2017 High 724"

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol, and a statement of the circumstances of the driver's license in the situation of the driver's license. "785";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the detailed statement report and investigation report on the situation of the driver who is placed in the main place;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving), Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (the point of refusing to measure drinking), the selection of fines for each crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes by concurrent crimes with punishment prescribed for a violation of Road Traffic Act, of which punishment is heavier,];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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