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(영문) 대구지방법원 안동지원 2018.08.31 2018고단289
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving duty B.

1. On March 27, 2018, the Defendant was driven under the influence of alcohol by the Defendant, such as drinking alcohol, sniffing the Defendant, following the Defendant’s house located in the same wing-gun of the Haak-gun of the Haak-gun of the Haak-gun of the Haak-gun of the Gyeongyangyang on the 18:40 on March 27, 2018 and driving the Haak-gu at the front of the said Haakyangyangyang-gun of the Haak-gun of the Haak-gun-gun of the Gyeongyangyang-gun, who was suspected of driving alcohol, from E, etc. to the police box of the Haak-gu Police Station D

Due to reasonable grounds, there was a demand for responding to the measurement of alcohol by inserting the whole breath of drinking in three times from around 19:59 to around 20:27 of the same day.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

2. Violation of the Road Traffic Act (non-licensed driving), and violation of the Guarantee of Automobile Compensation Act, the Defendant driven the above urine without mandatory insurance without a motor device or bicycle driver's license at the same time and place as stated in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Investigative into the driver's license ledger and mandatory insurance;

1. Application of Acts and subordinate statutes of report on internal investigation and investigation;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the selection of imprisonment), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the fact of operating an automobile with no mandatory insurance, the selection of imprisonment), Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the fact of operating an automobile with no mandatory insurance, the selection of a sentence of imprisonment) concerning the crime;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 53 of the Criminal Act for mitigation of amount;

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