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(영문) 인천지방법원 부천지원 2016.06.23 2016고정359
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On February 16, 2016, the Defendant was sentenced to a suspended sentence of two years for a year, due to a violation of road traffic law (drinking driving) in the Incheon District Court's Branch Branch of the Incheon District Court on February 16, 2016, and the said judgment became final and conclusive on

1. The Defendant is a person engaged in driving a vehicle B with the driver’s license for the vehicle B.

On June 12, 2015, 23:56 around 23:56, 2015, a house was parked on the alleyway, while the house was moving back to the front of the Nowon-gu, Seoul Special Metropolitan City.

The ECA110 Oba, owned by D(36 years of age, South) contacted.

The driver was driven while under the influence of alcohol, such as snicking and smelling snicking on the face, while driving at the border G site belonging to the F District of the Busan High Police Station in receipt of an accident report and verifying the details, etc. of the report, etc.

There is a reasonable reason to determine a person, and the defendant was demanded to respond to the measurement of alcohol by inserting approximately 30 minutes in the F zone in a manner of putting the breath of alcohol in a drinking measuring instrument.

Nevertheless, the Defendant’s refusal to comply with a request for alcohol testing by a police officer without justifiable grounds in a way that he/she fails to comply with the measurement itself, because his/her license is revoked and it is difficult to enter the company.

2. On June 12, 2015, the Defendant violated the Guarantee of Automobile Compensation Act: (a) around 23:56, the Defendant operated a car in his/her own possession, which was not covered by liability insurance, with approximately approximately 15 meters sections on the front road of Seocheon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. CCTV images ethyl photographs, photographs showing a suspect refusing to measure drinking, and reports on mandatory insurance;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the confirmation of concurrent crimes after Article 37 of the Criminal Act);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 and 44-2 (2) of the same Act concerning facts constituting an offense, and Articles 46 of the Guarantee of Automobile Compensation Act.

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