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(영문) 대전지방법원 서산지원 2015.10.16 2015고정248
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

1. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of DIT I 100 Obama.

At around 19:00 on July 2, 2015, the Defendant, instead of purchasing mandatory insurance, operated the said Obaba at a distance of approximately KRW 1 km from the front of the Jinsan-si Maddong Maddong-gu Maddong-si Maddong-si to the same Maddong-type intersection.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was sent back to an emergency room of the relevant comprehensive hospital located in the degree of 5-15, the degree of the traffic accident going beyond the road while driving the said DCI 100 Ortobane while drinking alcohol at the time and place specified in paragraph (1).

On July 2, 2015, at around 21:07, the Defendant was demanded to comply with the alcohol alcohol measurement by inserting approximately 20 minutes in a manner of inserting the whole breath of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s smelling, not snicking, accurate, and walking, from the superintendent E belonging to the police station traffic accident investigation team at the above general hospital.

Nevertheless, the defendant did not comply with the above E's request for blood alcohol measurement without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines for negligence;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act is asserted that the defendant merely failed to comply with the measurement of drinking because he/she had a fluor on his/her chest and did not refuse the measurement of drinking.

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