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(영문) 제주지방법원 2013.10.17 2013고정721

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On May 1, 2013, the Defendant, without a driver’s license, avoided a demand for a alcohol measurement by a police officer without a justifiable reason, even though he was required to comply with a alcohol measurement by inserting a drinking measuring instrument for about 20 minutes on the face, on the ground that there are reasonable grounds to recognize that he/she driven under the influence of alcohol, such as smelling and smelling on the part of the Jeju East Police Station B Zone B located in the Jeju East Police Station, which was dispatched after receiving a report from the Defendant that “any person who drives a drinking alcohol” was under the influence of alcohol on the side of the Jeju Commercial High School located in 83-1, Jeju High School without a driver’s license, and failed to comply with a request for a alcohol measurement by a police officer without a justifiable reason.

2. The Defendant, despite having subscribed to liability insurance, was driving on the road front of 83-1, in Jeju Island, where another person dies or is injured due to the operation of a motor vehicle, or where another person’s property is destroyed or damaged, the amount determined by the Presidential Decree, such as liability insurance, liability deduction, and other mutual aid.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the relevant photographs, records on the circumstantial statements of the driver, the ledger of driver's licenses, investigation reports (on-site transfer status), and mandatory insurance-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2, 44 (2) of the Road Traffic Act (the point of refusing to measure alcoholic beverages), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act (the point of unauthorized Driving), Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act (the point of driving vehicles which are not mandatory insurance), and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;