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(영문) 광주지방법원 순천지원 2017.03.09 2016고단2625
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

1. On October 23, 2016, the Defendant 22:20 on October 23, 2016, while driving BH100 Orchea on the 352-ro, Maok-ro, Maok-ro, 201.

C Driving a vehicle under the influence of alcohol, such as smelling from F to a patroler belonging to the Pocheon Police Station E police box belonging to the Defendant’s residence, after receiving the report of the above C, who was sent to D, the Defendant’s residence.

Even though a police officer's demand for the measurement of alcohol by inserting the breath of alcohol in a breath of a breath of a significant reason to determine a person, he/she did not comply with a police officer's demand for the measurement of alcohol without justifiable grounds, such as refusal of the first alcohol measurement on the same day 23:23, refusal of the second alcohol measurement on the same day 23:33, refusal of the second alcohol measurement on the same day, refusal of the

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant, as described in the foregoing paragraph 1, operated BST100 Oralb, which was not mandatory insurance on October 23, 2016, on the 352-road, 2016, Namcheon-ro, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a violation of traffic laws on roads;

1. The circumstantial report of the driver employed at the main place;

1. A photograph description;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act, and selection of fines;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment shall be determined by comprehensively taking into account the criminal records of the defendant's like crime (one time a fine for driving alcohol), age, occupation, environment, etc. for the reason of sentencing under Article 334 (1) of the Criminal Procedure Act in the order of provisional payment;

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