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(영문) 창원지방법원 2016.02.12 2015고단1767
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

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

Reasons

Punishment of the crime

On June 26, 2015, the Defendant driven a 49cc stoptop in the front of the “D” located in Kimhae-si without a bicycle driver’s license from the Do in front of the 18:50 driver’s license to the road in front of the senior police box in the course of transmitting the stop 49cc, which was not covered by the mandatory insurance, and there is considerable reason to suspect the Defendant’s drinking of alcohol, such as drinking within the above senior police box, and thus, he was requested to take a drinking test for about 31 minutes from the E during the process of the above police box to 19:24.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger (A);

1. Reporting on the detection of any suspect in violation of the Traffic Act (drinking, non-licenseing) on the road, reporting on the circumstances of the driver at the main place, reporting on the detection of any driver at the main place, and

1. Relevant legal provisions and the denial of measurement of the selective drinking of the punishment for the crime: Operation of a vehicle which is not subject to mandatory insurance under Articles 154 subparagraph 2 and 43 of the Road Traffic Act, for which the driver's license under Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act is not granted: The fact that the driver's license is not granted for the operation of a vehicle: Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Reduction of a small amount of punishment (with respect to imprisonment) Articles 53 and 55 (1) 3 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment order is that the defendant not only driven otobbs without mandatory insurance but also rejected a police officer's legitimate request for measurement of drinking, and the defendant has been sentenced to a fine for violating the Road Traffic Act on five occasions, and has been sentenced to a fine for violation of the Road Traffic Act (unlicensed Driving).

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