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(영문) 전주지방법원 정읍지원 2016.07.26 2015고단649
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On October 4, 2015, the Defendant: (a) while driving a bicycle without-registered large CODI CODI 50 engine device on the front side of the Goun-gun, Chang-gun, North Korea on the road, around October 21:40, 2015; (b) while driving the bicycle at the above place, the Defendant: (c) was driving a drinking, such as drinking, by reducing drinking alcohol from the D District Assistant E of the High Police Station that controlled drinking at the above place; and (d) smelling alcohol in the entrance.

There is a considerable reason to suspect that there was a demand to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument over about 30 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉을 하거나 숨을 들이마시는 등 정당한 이유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

2. Violation of the Road Traffic Act (Non-licenseless Driving) the Defendant driven the bicycle without obtaining a motor device bicycle license from approximately 500 meters section from the 2-lane to the 7-lane, Go Chang-gun, Go Chang-gun, Go Chang-gun, Go Chang-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, to the front road of the front

3. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated a two-wheeled automobile without mandatory insurance even though he was prohibited from operating a motor vehicle on the road, at the time and place specified in paragraph (2).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the circumstances of the driver involved in driving;

1. Indicating the driver's license ledger (A) and mandatory insurance;

1. Application of the Acts and subordinate statutes of non-measurementic photographs and dives photographs;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 2, 44 (2) of the Road Traffic Act (in the case of refusing to measure drinking), Article 154 subparagraph 2, and 43 of the Road Traffic Act (in the case of non-licenseed driving), Articles 46 (2) 2, and 8 of the Guarantee of Automobile Compensation Insurance Act (in the case of operating vehicles without mandatory insurance), and selection of fines;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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