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(영문) 수원지방법원 평택지원 2016.07.14 2016고단580
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of a rocketing car, and the owner of a motor vehicle shall not drive a motor vehicle which is not covered by mandatory insurance.

1. On March 17, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Compensation for Automobile Damages (hereinafter “D”) driving the said rocketing car without obtaining a driver’s license from the front of Pyeongtaek-si to the front of the 57-4 Don Don Don-do 57-4 Don Don-si Don-si.

2. On March 17, 2016, the Defendant was under the influence of alcohol, such as a slopingF, etc. under the influence of alcohol, who was arrested in the act of committing a crime of paragraph 1 on the part of the E box sent by the Defendant to the slopeF, etc. under the control of the Defendant, who was under the influence of alcohol, while driving the said shot car on the front side of Pyeongtaek-si C around 20:15, when he was under the influence of alcohol, and was arrested in the act of paragraph 1 to the slopeF, etc. under the control of the Defendant, who was under the influence of alcohol, and became under the influence of alcohol, such as the influence of alcohol on the part of the slopeF, etc. under the control of the Defendant, who was under the influence of alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 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. Statement of the circumstances of the driver involved in driving;

1. The ledger of use of the drinkator and measuring photograph;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2), subparagraphs 1 and 43 of Article 152, Article 46 (2) 2, and the main sentence of Article 8 of the Road Traffic Act concerning facts constituting an offense;

1.Article 40 of the Criminal Code of Trade and Trade.

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