logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2016.08.25 2016고단785
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 28, 2016, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) operated a bicycle system under the influence of alcohol, such as drinking alcohol, smelling the Defendant from a slope E belonging to the DNA unit of the Ansan Police Station D, who was dispatched to the site after receiving a report of 112 while drunkly under the influence of alcohol, within the C gas station resting area in Ansan-si B, and driving a bicycle system under the influence of alcohol.

Even though there is a considerable reason to suspect that it was requested to respond to the drinking measurement, it was not put into the drinking measuring instruments three times in total.

Accordingly, the defendant did not comply with the police officer's measurement without any justifiable reason.

2. The defendant in violation of the Guarantee of Automobile Compensation Act shall not operate an automobile on the road, which is not mandatory insurance, as the owner of an tex described in paragraph (1) above, on the road.

Nevertheless, on April 28, 2016, the Defendant operated an tex motor vehicle without mandatory insurance from the front day of the lodging room to the front day of the gas station located in Ansan-si B to the road of the gas station located in Ansan-si B, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to inquire about the situation of a driver who takes drinking, a ledger using drinking instruments, photographs, and mandatory insurance;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. There is a record of punishment several times by obstructing the execution of official duties in the sentencing of Article 334(1) of the Criminal Procedure Act, and the crime of obstructing business operations is committed.

arrow