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(영문) 수원지방법원 안산지원 2019.08.14 2019고단1853
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.

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

Reasons

Punishment of the crime

[2019 Highest 1853]

1. Around 01:00 on April 28, 2019, the Defendant driven a 10-meter D motor bicycle on the front side of the road located in Ansan-gu, Ansan-si without a driver’s license.

2. The Defendant refused to comply with the alcohol testing by a police officer without justifiable grounds, even though the Defendant was requested several times to take a alcohol test on the grounds that there are considerable grounds to suspect that he was driving of the above motorcycle while under the influence of alcohol, such as drinking a large amount of drinking water by a policeman F, who belongs to the Donsan Police Station Ea Police Station, and the rain distance, etc., at the above temporary police station.

[209 Highest 2209] On May 22, 2019, the Defendant driven the above 300 meters highest motor vehicle from the Do near H in Ansan-si G in Ansan-si, Ansan-si, without a driver’s license, under the influence of alcohol level of 0.182%, at around 16:45 on May 22, 2019.

Summary of Evidence

[2019 Highest 1853]

1. Defendant's legal statement;

1. Written Statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Related photographs;

1. The register of driver's licenses (2019 Highest 2209);

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Related photographs;

1. Application of the statutes on the register of driver's licenses;

1. Article 154 subparagraph 2 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense, and Article 148-2 (1) 2 and Article 44 (2) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereinafter the same shall apply) of the same Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Jun. 25, 2019);

1. Articles 40 and 50 of the Criminal Act (the crimes of violating the Road Traffic Act on May 22, 2019 and the crimes of violating the Road Traffic Act) of the Commercial Concurrent Crimes;

1. A fine for a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act, shall be imposed on the option of punishment, or a fine for a violation of the Road Traffic Act;

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