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(영문) 광주지방법원 2015.05.14 2014고정2362
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On August 17, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Accident Compensation Act, driving a three-wheeled motor vehicle without obtaining a driver’s license on August 17, 2014, in which the amount of 100 meters from the Hansung apartment in the Hansungdong-gu, Gwangju to the front day of the same monthly middle school in the same Dong was not mandatory insurance.

2. On the date and time stipulated in paragraph (1) of the Road Traffic Act, the Defendant was found to have received a report of traffic accidents in front of the monthly middle school in Gwangju Mine, and was found to have been dispatched to the site. The Defendant was demanded from the police officer to respond to the measurement of alcohol by inserting the measuring instruments three times from August 17, 2014 to March 3 of the same day on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol by drinking alcohol reduction due to drinking alcohol reduction.

Nevertheless, the defendant did not comply with the police officer's request for a drinking test by avoiding this without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The circumstantial statement of a drinking driver, the ledger of use of a drinking measuring instrument, and the report on detection of a drinking driver;

1. Registers of driver's licenses and mandatory insurance;

1. Application of evidence on the scene of traffic accident-related Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Point of refusing to measure alcohol: Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

(c) Operation of vehicles which are not mandatory insurance: Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Road Traffic Act (the crime of driving without a license and the crime of violating the Guarantee of Automobile Accident Compensation Act).

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