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(영문) 대전지방법원 논산지원 2020.05.19 2020고단78

도로교통법위반(음주측정거부)등

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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a small-scale car B.

1. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

A. On November 4, 2019, the Defendant, around 06:10 on November 4, 2019, driven the said car not covered by mandatory insurance from the front of the promotional distance, which is located in the Sinsan-si, Seosan-si, to the front road, Seosan-si.

B. On December 7, 2019, the Defendant driving the said vehicle not covered by mandatory insurance at approximately 8 km section from the front day of the Dasan-si, Seosan-si, Seosan-si to the front road of the Seosan Police Station located in the 159-ro, Seosan-si, Seosan-si, Seosan-si, Seosan-si, Seoul, around 18:03.

2. On November 4, 2019, the Defendant violated the Road Traffic Act (refluence of the measurement of alcoholic beverages) and Article 1(a) while under the influence of alcohol around 06:10.

As stated in the port, the above car has been driven in front of C at the debate, and it was caused by an accident that the front wheels of the above car was left in the direction of the defendant's proceeding, and then was diving in the vehicle, and there is considerable reason to recognize that the vehicle was driven under the influence of alcohol, such as that the Defendant's horse was divided from the E-district of the Busan Police Station E zone located in the site after receiving 112 a report, and that the walk was red on the face, and that the walk was in the inside of the face, etc., and it was demanded to comply with the drinking test by inserting it three times between 06:46 and 06:58 on the same day. It was explicitly refused the demand of a police official for drinking test by means of explicitly refusing it without a justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The user ledger of the measuring instruments for drinking;

1. 112. List of reported cases;

1. Pamp video CD 1..