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(영문) 대구지방법원 김천지원 2014.12.11 2014고단1195

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for four months and a fine of one hundred and fifty thousand won.

Where the above fine is not paid, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

1. On June 27, 2014, the Defendant was driving a 50CC 50-cloba on the roads front of the Kumi-si Dogsan-si, Kumi-si without a license for the driver’s license for the violation of the Road Traffic Act (free license).

2. Violation of the Road Traffic Act (refluence of the noise measurement) caused an accident to see the vehicle behind k5 vehicles which were stopped in order to make a U.S. while driving the above otob, at the above time, at the above place, and there were reasonable grounds to recognize that the defendant was driven under the influence of alcohol, such as red and heavy snow snowing the face of the defendant from the slope C belonging to the former police station B district of the U.S. police station called upon receiving the 112 report, and accordingly, it was demanded from 19:50 on the same day to 20:31 on the same day that the defendant was driven under the influence of alcohol from 19:50 on the same day to 20:31 on the same day by inserting four times a while driving the above obbba, but did not comply

3. On June 27, 2014, the Defendant, who violated the Guarantee of Automobile Accident Compensation Act, driven the Defendant’s possession, which was not covered by mandatory insurance on the front of the Gu’s Megical Measuring Certification Station located in the Gu’s Magsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Traffic accident reports, reports on the occurrence of traffic accidents, reports on driving, standing and statement, each field photograph, investigation reports (related to refusal to measure noise), photographs of a refusal to measure drinking, records on the use of a drinking measuring instrument, records on the actual condition of drinking, records on-site photographs, registers of driver's licenses, and application of Acts

1. Relevant legal provisions concerning facts constituting an offense, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, the choice of punishment for a crime;

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