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(영문) 대전지방법원 2013.08.09 2013고정89
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On August 21, 2012, the Defendant was demanded to respond to the drinking test by inserting the breath in a drinking measuring instrument three-minute at intervals of about 10 minutes, on the grounds that there are reasonable grounds to recognize that he was driven under the influence of alcohol, such as smelling alcohol, from a slope belonging to the traffic survey division of the Daejeon Taedung Police Station, while driving a don with no number plate in front of the Daejeon Seo-gu Daejeon, Daejeon while drinking alcohol at the same time.

Nevertheless, the Defendant refused to comply with a police officer’s request for alcohol testing by means of not inserting the whole breath of drinking so that the Defendant did not comply with the request for alcohol testing.

2. In addition to the above facts of the crime, the driver driven a motor 25 km distance from the roads on which the front day of the French-gun, Chungcheongnam-gu, Daejeon to the front day of the French-gu, Chungcheongnam-gu, Daejeon, without a driver’s license to drive a motor device. The driver driven the stob in paragraph (1) without a license to drive a bicycle.

3. In order to drive a motorcycle with an engine displacement of 49cc or a motorcycle driver without a license plate, the Defendant, despite being aware of the fact that he was not covered by a mandatory insurance, operated a motorcycle that was not covered by a mandatory insurance, such as paragraph (1), even though he was required to have subscribed to a mandatory insurance.

4. The Defendant is engaged in driving of a 49C motorcycle without a license plate.

On August 21, 2012, the Defendant driven the above motorcycle on August 20, 2012, and directed towards the roads of the non-permanent road in the Yongsan-gu Daejeon Metropolitan City, Taedong-gu, Daejeon, toward the direction of the Oral Dong-dong Resident Center.

In such cases, a person engaged in driving of a motorcycle shall accurately operate the steering system, brakes and other devices of the vehicle, and shall be in accordance with the traffic conditions of the road and the structure and performance of the vehicle.

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