beta
(영문) 청주지방법원 충주지원 2017.10.18 2017고정216

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle with KR110B 110C 110cc.

1. On February 27, 2017, the Defendant was driven under the influence of alcohol by driving a motor vehicle under the influence of alcohol from a slope G of the voice police station, which caused a traffic accident at a distance of about 100 meters, while driving the said two-wheeled vehicle at a distance from around 17:15 to the road in front of the Saemaul Undong, which is located in the voice-gun of North Korea, in front of the Saemaul Until the road in D, while driving the said two-wheeled vehicle at a distance of about 10 meters.

Although there is a reasonable reason to determine a person, the defendant was requested to comply with the alcohol measurement by inserting the breath measuring instrument three times more than 30 minutes, but the defendant refused a police officer's request for the measurement of alcohol without good cause.

2. No person who violates the Guarantee of Automobile Damage Compensation shall drive any motor vehicle which is not covered by mandatory insurance;

Defendant 1 operated an e-mail vehicle that was not covered by mandatory insurance on the front of the “E Arts Center” located in the E-cosmetic Da, Chungcheongnam-gu, Chungcheongnam-do., the day indicated in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs of traffic accidents;

1. A report on investigation;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to tea inquiries and mandatory insurance inquiries;

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 automobiles which are not mandatory insurance), and selection of fines, respectively;

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 for mitigation of a small amount of punishment (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2007; Supreme Court Decision 2008Da1448, Apr. 2, 201

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.