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(영문) 춘천지방법원 강릉지원 2013.10.15 2013고단498
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. No motor vehicle shall be operated on a road unless it is subscribed to the mandatory insurance for a violation of the Road Traffic Act or the Guarantee of Automobile Accident Compensation Act;

On June 21, 2013, at around 19:55, the Defendant, without a motorcycle driver's license, driven a motor bicycle of the 124c large motor vehicle without registration, which was not covered by mandatory insurance at approximately 60 km section from the front of Gangseo-si in the East Sea to the front of the E-House located in D in the East Sea.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) by the Defendant was driving the above motorcycle while under the influence of temporary light alcohol as set forth in paragraph (1) of this Article, and the Defendant got the front wheels of the above motorcycle by the Defendant’s left side of the taxi vehicle in front of the E-House located in D at the same time in the East Sea.

Since there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol by a police officer, such as drinking, smelling, drinking, snacking on the face, etc., who was dispatched to the scene after an accident, and driving under the influence of alcohol, the Defendant was demanded by the police officer to respond to the measurement of alcohol by inserting approximately 30 minutes of a drinking measuring instrument from H around the G District Gyeongbol of the East Sea Police Station in the same year.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 회피하는 등 정당한 이유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. A statutory statement to the effect that the defendant, while recognizing paragraph (1) of the facts charged, he/she was unable to comply with the drinking measurement because he/she suffered a serious injury to the mouth for refusing drinking measurement;

1. Statement of the police officer to I;

1. Registers of driver's licenses;

1. Photographs related to traffic accidents;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. Investigation reports (Listening to statements of nurses in an emergency room);

1. The application of the Act and subordinate statutes to an investigation report (to hear a statement by a police officer who is required to take a direction).

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