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(영문) 수원지방법원 2016.06.22 2016고단1888

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 1, 2016, the Defendant violated the Guarantee of Automobile Compensation Act: (a) operated a BLTIMA 2.5 car not covered by mandatory insurance on a section of about 1km from around the water source viewing road located in the Suwon-si, Suwon-si, Suwon-si, to the front road of the Seoul Arts Center, which was located in approximately 307 mnife in the same Gu.

2. Violation of the Road Traffic Act (Refusal of a drinking test) was driven under the influence of alcohol by the Defendant, such as smelling alcohol to the Defendant from a slope D, etc. affiliated with a slope D, etc. with a police box of the Suwon-gu Police Station C, who called out after receiving a report of 112 that “the said vehicle driven by the Defendant is the same as that of a traffic accident, and that the said vehicle is driven by the Defendant,” on the road of the Seoul Arts Center at the time and in front of the Seoul Arts Center, which is located on the street 307 street at the time and night as indicated in paragraph (1).

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting approximately 34 minutes into a drinking measuring instrument.

Nevertheless, the Defendant refused to comply with the request of the police officer for a measurement of drinking by avoiding the influence measuring instrument in a manner that sees about the drinking measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Inquiry into mandatory insurance;

1. Application of the Acts and subordinate statutes to photographs taken on the surface of a place where drinking is refused to be measured, and photographed at the time of detection;

1. Relevant legal provisions concerning facts constituting an offense, Article 46 (2) 2, the main sentence of Article 8 (the point of operation of a vehicle with no mandatory insurance), Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusal of measurement of drinking), and each choice of imprisonment, respectively;

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

1. The crime is committed during the period of suspension of execution due to the same kind of crime as the reason for sentencing of Articles 53 and 55(1)3 of the Criminal Act (the favorable circumstances of the reason for sentencing) and one time during the period of suspension of execution.