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(영문) 인천지방법원 부천지원 2013.03.15 2012고합385

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant violated the Guarantee of Automobile Accident Compensation Act is a holder of a BFD car.

A driver of a vehicle who is not covered by the mandatory insurance of a motor vehicle shall not operate the motor vehicle on the road. However, the defendant operated the motor vehicle on December 25, 201 through around 500 meters from the road front of the Kimpo-si in the Kimpo-si to the road front of the same city of the Kimpo-dong, from around 23:40 on December 25, 201 to the road front of the new post office in the same city of the Kimpo-si.

2. Violation of the Road Traffic Act (Refusal of Measuring Measures) The Defendant driven a BF-free car while drinking the above temporary border and the road of the new post-ri-ri street in Kim Jong-si.

After receiving a report from the police officer who was dispatched by the defendant that the motor vehicle was in a traffic accident, there are reasonable grounds to recognize that the motor vehicle was driven under the influence of alcohol by drinking, such as smelling and snicking on the face, etc., and thus, it was demanded to respond to the measurement of drinking by inserting about 30 minutes in a breath method.

Nevertheless, the defendant, without any justifiable reason, failed to comply with the police officer's request for a drinking test.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A survey report on actual conditions, a traffic accident occurrence report, a master-employed driver's license report, an investigation report (insurance-related investigation);

1. On-site photographs and photographs (the state of refusal to measure drinking of a suspect);

1. Application of Acts and subordinate statutes to teas, mandatory insurance, and mandatory insurance;

1. Relevant provisions of Article 148-2 (1) 2 of the Road Traffic Act (a refusal to measure the noise level, selection of fines), Article 46 (2) and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012 and enforced August 23, 2012) concerning criminal facts;

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