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(영문) 광주지방법원 2018.08.16 2018고단2584

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 9, 2018, the Defendant: (a) driven a motor vehicle under the influence of alcohol, such as drinking, sniffing on the face of a motor vehicle, by drinking the Defendant, from the Inspector F of the District Police Station of the Gwangju North Korean Police Station called out after receiving a report that the occurrence of the traffic accident occurred on the D Mart in front of the D Mart located in Gwangju Northern-gu, Gwangju.

인정할 만한 상당한 이유가 있어 음주측정기에 입김을 불어 넣는 방법으로 음주 측정에 응할 것을 요구 받았으나 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 음주 측정을 회피하였다.

Accordingly, the defendant did not comply with a police officer's drinking test without any justifiable reason.

2. The owner of a motor vehicle violating the Guarantee of Automobile Compensation Act shall not operate a motor vehicle on the road which is not covered by mandatory insurance, and the defendant is the owner of a G car.

The Defendant driven the car that was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and notification of the results of regulating the driver who

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (a point of operating a vehicle which is not mandatory insurance), and imprisonment with prison labor for each choice;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case committed by a police officer with a reason for sentencing Article 62-2 of the Criminal Act without any justifiable reason upon the request of the police officer for lawful drinking test shall not constitute the crime of this case;

In addition, the defendant was punished for three times or drinking driving.