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(영문) 춘천지방법원 강릉지원 2015.05.14 2014고정483
도로교통법위반(음주측정거부)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives BCA110 Obba.

1. Around August 4, 2014, the Defendant violated the Road Traffic Act (refluence of noise measurement) caused a traffic accident that shocks the Ethren car car amount parked on the road front of the Down-si station located in Gangwon-si, by driving the motor vehicle with the motor device at around 23:15.

In addition, the defendant was required to take a alcohol test on the ground that there are reasonable grounds to recognize that the defendant was driving under the influence of alcohol, such as smelling, sniffing, sniffing, red, response to drinking, etc. at the defendant's entrance in the process of investigating the accident by the Goll Police Station G District H, which was dispatched to the F Hospital after receiving a report.

그러나 피고인은 음주측정기에 입김을 불어넣는 시늉만 하였고 나중에는 채혈을 할 것처럼 시간을 끌다 결국에는 채혈도 못하겠다며 거부하는 방법으로 2014. 8. 5. 00:32경부터 같은 날 01:13까지 3회에 걸쳐 경찰공무원의 정당한 음주측정 요구에 응하지 않았다.

2. On August 4, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) driving the motor vehicle at the section of approximately 2 kilometers from the road front of Taeung-si 36 Donung-si to the Donung-si road in front of Taeung-si 463 Donung-si, without obtaining a driver’s license for the motor-driven vehicle, and driving the above Donb in the section of approximately 2 kilometers from the road front of the Donung-si

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, circumstantial reports on drivers, and the register of driver's licenses;

1. Investigation report (report related to the refusal to measure drinking of a suspect), application of photograph-related Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, the choice of punishment, and the selection of fines under Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of driving without a license);

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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