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(영문) 대구지방법원 안동지원 2016.02.19 2015고정287
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[2015 High 287]

1. On August 30, 2015, the Defendant: (a) driven a motor bicycle at a section of about 3 km from the front of the C police box located in Ansan-si B to the front of the police box, which was located in D, without obtaining a motor device driver’s license; (b) on August 30, 2015, the Defendant driven a motor bicycle without obtaining a motor device driver’s license.

2. Violation of the Road Traffic Act (refluence of drinking), the Defendant found at the above E house on the date and time set forth in paragraph (1), based on the fact that he sawd on the preceding day to E, and was asked for him, he driven the vehicle as stipulated in paragraph (1) while under the influence of alcohol, after receiving a report from G during the situation where he was assigned to the said police box called up, he was able to bread and snow off the fluence and drive the vehicle under the influence

There are reasonable grounds to recognize the same day from around 01:55 to around 02:35 on the same day, the police officer did not comply with a police officer's request for the measurement of drinking alcohol, even though he/she received a request for the measurement of drinking alcohol through a pulmonary measurement over about 40 minutes.

On November 5, 2015, the Defendant started from the front side of the 'unperson who is in the school of Pungsan-si in Ansan-si' and operated an engine bicycle without obtaining a motor device driver's license for a 30-meter road to the front side of the livestock shed located in the same Eup/Myeon, under the influence of around 22:35 on November 5, 2015, and alcohol level 0.113% on alcohol level while he/she was under the influence of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A letter of notification to a person who refuses to comply with the measurement of alcohol, or a report on detection of a driver involved;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act (the rejection of measurement of drinking), Article 154 subparagraph 2, Article 43 of the Road Traffic Act (the occupation of a non-licenseed driver), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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