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(영문) 창원지방법원 진주지원 2018.05.29 2018고단292
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

If the defendant does not pay a fine, one hundred thousand won.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 5 million by the Jinwon District Court on September 15, 2014, on the following grounds: (a) on September 19, 2016, the Defendant was sentenced to a total of six times punishment by the same type of crime, such as a violation of the Guarantee of Automobile Compensation, a violation of the Road Traffic Act (non-licensed driving), a violation of the Road Traffic Act (non-licensed driving), a fine of KRW 700,000,000 for the same crime; and (b) on October 4, 2016, the same court issued a summary order of KRW 5 million for the same offense.

[Criminal facts] The Defendant is a person engaged in driving CTS125 124CC.

1. On March 2, 2018, the Defendant driven a road in front of the E-Road in Jinju-si, D on March 2, 2018 without a motor device bicycle driver’s license, while driving the vehicle under the influence of alcohol by the Defendant, from the Jinju Police Station G Assistant H of the Jinju Police Station, who was dispatched after receiving the accident report wherein the latter part of the driver’s seat of the first car was parked at the same time, while driving the vehicle under the influence of alcohol, such as smelling alcohol and smoking on the face of the driver’s license.

인 정할 만한 상당한 이유가 있어 20:46 경, 21:13 경, 21:35 경, 21:42 경 약 56 분간 4 차례에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주 측정에 응할 것을 요구 받았으나, 음주 측정기로 입김을 불어넣는 시늉만 하고 이를 제대로 불어넣지 않는 등의 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. A person who violates the Guarantee of Automobile Damage Compensation Act is prohibited from operating a bicycle on a road without mandatory insurance, but the Defendant driven the above urine, which was not mandatory insurance, as set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. A survey report on actual conditions;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and an investigation report (a report on the circumstances of the driver at the

1. The scene of an accident;

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