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(영문) 부산지방법원 동부지원 2017.08.31 2017고정701
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 1, 2017, the Defendant violated the Road Traffic Act (refluence of drinking), was working at a place where he/she was driving DCA 1110V Meba, after dividing the two-way road into three-way roads at the entrance of the B market in Busan-gun, Busan-gun, and divided into one-way and one-way disease.

E was in a drunken state under the influence of alcohol

If there is a reasonable reason to determine the person, the police officer requested to take a drinking test on three occasions, but did not comply with it.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, even though he was prohibited from operating a road on which he was not covered by mandatory insurance as a holder of the above Oral Ba, operated the above Oral Ba, which was not covered by mandatory insurance at the time and place above.

Summary of Evidence

1. Statement by the defendant in court;

1. (1) Traffic accident report (1), report on the circumstances of a driver driving, notification on the results of crackdown on drinking driving, and application of mandatory insurance-related Acts and subordinate statutes;

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 8 of the Guarantee of Automobile Damage Compensation Act, and selection of fines, respectively, concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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