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(영문) 춘천지방법원 강릉지원 2017.10.13 2017고정226
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On June 23, 2017, the Defendant violated the Guarantee of Automobile Compensation Act: (a) operated a bicycle with no registration number plate attached from around about 4 km section from the roads near the Seoul-gu Seoul-dong to the roads near the D Teaching Institutes located in the same city to the roads near the D Teaching Institutes located in the same city.

2. Violation of the Road Traffic Act (unlicensed Driving) the Defendant driven the bicycle without obtaining a motor device bicycle license at the time and place specified in paragraph (1).

3. Violation of the Traffic Act (Refusal of measurement of drinking), while driving a bicycle under drinking on the road near a D driving school located in C at the time of vision as set forth in paragraph (1), the Defendant driven the bicycle under the influence of alcohol, such as smelling alcohol to the Defendant from E in the circumstances in which the Samn Police Station belongs, while driving the bicycle under the influence of alcohol.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the breath in four times between about 20 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to notify the investigation report, the notification of the results of regulating the driving of drinking alcohol, the relevant photographs, the ledger of driver's licenses, the details of inquiries about the management of main driving reports, the details of inquiries about the vehicle management report, and the three-wheeled market for any offender of the Automobile Management

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 2, 44 (2) of the Road Traffic Act (the point of refusing to measure drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of refusing to drive a bicycle without obtaining a license certificate), Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Security Act, and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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