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(영문) 창원지방법원 거창지원 2020.01.22 2019고단336

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.

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

Reasons

Punishment of the crime

[Criminal Power] On February 16, 2017, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Changwon District Court's branch office on February 16, 2017.

【Criminal Facts】

1. On September 6, 2019, at around 09:25, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking), the Defendant was driving a letob on the roads located in the 57-lane 57-gil, Chang-gun, Chang-gun, Chang-gun, Seoul, and was demanded to comply with the drinking test by inserting approximately 15 minutes of the drinking-free measuring instrument into a drinking measuring instrument by inserting it into a drinking-free measuring instrument for approximately 15 minutes on the site after receiving a report 112.

At the time, the Defendant was in a state of considerable reasons to recognize that he was driving under the influence of alcohol, such as smelling, drinking at a drinking-free season, and so on.

Nevertheless, the Defendant did not put the whole in a drinking measuring instrument, and avoided a drinking test, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Accordingly, the Defendant, as seen above, did not comply with a police officer’s demand for a sobreath test, who was a person with the record of violating the duty of prohibition of driving under

2. On September 6, 2019, at around 09:25, the Defendant driven the D apartment parking lot in Chungcheongnam-gun, Chungcheongnam-gun, Seoul, to the roads located in the 57-ro, Chang Chang-gun, Chang-gun, Chang-gun, Seoul, without obtaining a motorcycle driver’s license from approximately 2km section, without obtaining a motorcycle driver’s license.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated non-registered Cordiba (ship amount: 49C) that was not covered by mandatory insurance at the time and place specified in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. Report on the statement of the situation of a drinking driver, investigation report, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on site photographs;

1. Criminal facts;