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(영문) 대전지방법원 서산지원 2020.04.08 2019고정245

도로교통법위반(음주측정거부)등

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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

1. On February 15, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Accident Compensation Act without obtaining a license for a motorcycle, the Defendant driven an EL125 motorcycle not covered by mandatory insurance at approximately 1.5 km section from the nearby road in the Jin-si, B to the neighboring road in the C Apartment-dong, Jin-si, Jin-si.

2. Violation of the Road Traffic Act (Refusal of measurement) provided that the Defendant driven a motorcycle as stated in the preceding paragraph while drinking alcohol at the time set forth in the preceding paragraph and got a passenger car parked in the front section while driving along the road near C Apartment-dong at a time. Upon receipt of 112 report, the Defendant was required to comply with a drinking test by inserting the motorcycle in four minutes from around 20:40 on February 15, 2019 to take a drinking-free measuring instrument, but the Defendant did not comply with a police officer’s demand for a drinking test without justifiable grounds, although the Defendant was required to comply with the drinking-free measurement by inserting the alcohol measuring instrument four minutes from around 20:40 on February 15, 2019 to put the motorcycle into a drinking-free measuring instrument for about 25 minutes.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness G and H’s legal statement;

1. The actual condition survey report;

1. Investigation report (Report on the status of an employee);

1. Mandatory insurance policies;

1. Registers of driver's licenses;

1. 음주측정거부 영상 [피고인은 자신이 입김을 부는 힘이 약해서 음주측정이 되지 않은 것일 뿐 음주측정을 거부하지 않았다고 주장하나, 증인 G, H의 진술과 당시 영상에 의하면, 피고인이 입김을 부는 시늉만 하거나 혀로 음주측정기를 막고 입김을 부는 등의 방법으로 음주측정을 거부한 사실이 인정된다. 피고인의 주장은 이유 없다.] 법령의 적용

1. Article 148-2(1) of the relevant Act and Article 148-2(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) regarding criminal facts.