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(영문) 광주지방법원 목포지원 2015.11.24 2015고정406

도로교통법위반(음주측정거부)등

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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On May 11, 2015, the Defendant was required to comply with a drinking test by inserting alcohol into a drinking measuring instrument at around three minutes between approximately twenty-five minutes (04:54, 05:06, 05:19) in a manner that makes it possible for the Defendant to be found to have driven under the influence of alcohol, such as drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol without a license plate, and diving on the obane, from a slopeF affiliated with the Bapo Police Station E Zone, and drinking alcohol.

Nevertheless, the Defendant did not go against the demand for a alcohol test by avoiding the demand for a alcohol test, such as not making a fire into the military, and did not comply with the demand for a alcohol test by police officers

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the automobile on the road at the date, place, and place stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Photographs related to accidents;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act (a point of refusing to measure alcoholic beverages), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act (a point of operating cars not covered by mandatory insurance), the selection of fines for each offense (a point of being taken into account that the defendant has divided his errors late or late);

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;