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(영문) 광주지방법원 목포지원 2015.04.10 2015고정110

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 17, 2014, the Defendant was sentenced to six months of imprisonment for the crime of indecent act by force at the lower court’s wooden branch on October 25, 2014, and the said judgment became final and conclusive on October 25, 2014.

The defendant is the owner of an unregistered Orala (124C).

1. On August 14, 2014, at around 19:00, the Defendant: (a) driven a stop under the influence of alcohol while drinking the blood alcohol concentration fluencing a road before a Do box located in the Newannam-gun C without a motorcycle driver’s license; (b) there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling on the Defendant’s stop and stoping on the face; (c) on August 14, 2014, at around 19:30, around 19:30, around 19:40, around 19:51; and (d) on three occasions, around 19:51, the Defendant did not request the police officer to comply with a breacing method by not taking a drinking measuring instrument on the ground that he did not drive a breac; and (d) on the ground that he did not request the police officer’s refusal of a breacing method by entirely.

2. No automobile which is not subscribed to the mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, shall be operated on a road;

Nevertheless, at around 19:00 on August 14, 2014, the Defendant driven the above 2 km of 10km from the front day of the house of A, which was located in the Haan-gun F, Haan-gun, Haan-gun, Seoul, to the front day of the police box located in the Haan-gun, Haan-gun, Haan-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. A copy of the usage register of drunks;

1. The ledger of driver's licenses;

1. Notification of detection of vehicles violating the Motor Vehicle Management Act;

1. A report on investigation;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (a point of refusal of the measurement of alcoholic beverages), Article 154 subparagraph 2 of the Road Traffic Act, which applies to the relevant criminal facts, the choice of punishment, and the choice of punishment;