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(영문) 대전지방법원 천안지원 2016.08.12 2016고단909
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On January 8, 2016, the Defendant was driving a Epic vehicle without obtaining a driver’s license from approximately 3 km section from the front of the “Insular Industry,” which is located on the part of Apic City on the part of B, to the “D” restaurant parking lot located in C.

2. A person who violates the Guarantee of Automobile Compensation Act shall not operate a motor vehicle on the road which is not covered by mandatory insurance, notwithstanding that the Defendant, on January 8, 2016, operated the said motor vehicle owned by the Defendant, which was not covered by mandatory insurance from approximately 3 km to the parking lot of the “D” restaurant in the front of the “Ham Industry” on the side of the Donsan City, which is located in the agency of the Donsan City, around 18:00.

3. On January 8, 2016, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) caused an accident involving a vehicle parked on the left-hand side while driving the said vehicle while drinking in a “D cafeteria” parking lot located in Asan-si, Asan-si.

The Defendant, upon receiving an accident report, driven a vehicle under the influence of alcohol by a police officer G belonging to the F police box of the Asan Police Station, while driving the vehicle under the influence of alcohol, with an inaccurate, big, red, red, etc.

If there are reasonable grounds to recognize it, it was demanded to respond to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on driving alcohol, a copy of the report on the circumstances of the driver under driving alcohol, and a copy of the ledger using measuring instruments;

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

1. Application of statutes on site photographs;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 (2) of the same Act concerning facts constituting an offense (the act of refusing to measure drinking), which are applicable to the relevant law and the selective punishment;

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