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(영문) 대구지방법원 경주지원 2015.06.10 2015고단318
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for six months and by a fine for 150,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On April 14, 2011, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act, etc. at the Daegu District Court and racing support, and on May 4, 2012, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act, etc. at the same court on May 16, 2012, and the said suspended sentence became final and conclusive on May 16, 2012, and completed the execution of the said suspended sentence on July 16, 2013.

1. On March 30, 2015, the Defendant was driving a 100c c calab, without obtaining a motorcycle driver’s license, from around 10 meters to the front road of the “Yannam-si” in the same Ri, both south-west-west, both of which are located in the lower west-west, on March 30, 2015.

2. On March 30, 2015, at around 21:55, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking), the Defendant was required to comply with the measurement of drinking alcohol by inserting the measuring instrument three times for about 40 minutes from around 2:10 of the same day to around 2:50 of the same day, on the grounds that there exist reasonable grounds to recognize that the Defendant driven a brea while under the influence of drinking, such as drinking, drinking, snowing, etc., from the slope D belonging to the above police box, to the Defendant, as described in paragraph (1).

Nevertheless, the Defendant avoided drinking so that he did not comply with a police officer’s request for a drinking test without justifiable grounds.

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of 100cc oba, who operates the automobile for himself.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant was driving the above Oral Ba which was not covered by mandatory insurance at the same time and place as that mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect of the defendant;

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