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(영문) 수원지방법원 성남지원 2017.05.18 2016고정1363
도로교통법위반(음주측정거부)등
Text

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

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

Reasons

Punishment of the crime

1. On July 8, 2016, the Defendant, upon receiving a report from around 100 meters from the 3486-3rd road in the Man-dong, Man-dong, Man-dong, Man-dong, Man-dong, Man-dong, Man-dong, Man-dong, Man-dong, Man-dong, Man-dong, Man-dong, Man-dong, Man-dong, Man-dong, Man-dong, Man-dong, Man-dong, Dan-dong, Dan-dong, Dan-dong, Dan-dong, Dan-dong, Ka

On July 8, 2016, the head of the Seongbuk-nam Police Station D District police station requested the defendant to conduct a test of drinking alcohol for the first time on July 18, 2016, and then requested the defendant to conduct a test of drinking alcohol by inserting it in total three times at around 18:15, around 18:25, and around 18:35, but did not comply with a police officer's request for a test of drinking alcohol without justifiable grounds.

2. On July 8, 2016, the owner of a motor vehicle violating the Guarantee of Automobile Compensation Act was prohibited from operating a motor vehicle on the road on which no mandatory insurance policy was subscribed, but the Defendant operated the CITI10 bicycle on the road in front of 3486-3, Mannam-si, Mannam-si, Mannam-si, Mannam-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Investigation reports, the situation report of the driver at the main place and the measurement register;

1. Inquiry into mandatory insurance;

1. Application of related Acts and subordinate statutes to photographs;

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

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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