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(영문) 인천지방법원 2018.09.14 2018고정1940

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Guarantee of Automobile Compensation Act was unable to operate a motor vehicle which was not covered by mandatory insurance. Notwithstanding the fact that the Defendant, around April 18, 2018, operated a car with a car located in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, on the back side, without being covered by mandatory insurance at a five-meter section within the parking lot.

2. Violation of the Road Traffic Act (refluence of drinking), the Defendant driven the car cniff quantity at five meters in a state of drinking at the same time and at the same place as set forth in paragraph 1.

The Defendant driven under the influence of alcohol, such as smelling from a slope E, etc. belonging to the Incheon Bupyeong Police Station D, inaculous state of speech and behavior, inaculous state, and breathing with a gralian, etc.

Due to reasonable grounds, it was demanded to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument several times.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

3. On the same day as described in paragraph 1, at around 18:55, at the same place as indicated in paragraph 1, and at the same place as indicated in paragraph 1, the Defendant was continuously required to take a drinking test from the above slope E, etc., and the Defendant damaged the repair cost of KRW 866,195 by affixing the repair cost for 2 vehicles with the victim F, who was parked on the right bridge, on the ground that it is bad to the right bridge.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of an accident vehicle;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place and a report on control;

1. The figures of the damaged vehicle that the person under consideration refuses to measure, the figures of the damaged vehicle that the person under consideration refuses to measure;

1. Mandatory insurance certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to a criminal investigation report (main driver’s circumstantial report), investigation report (on-site conditions, suspect’s speech and behavior, etc.);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;