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(영문) 광주지방법원 2019.03.26 2019고단116
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 02:30 on December 9, 2018, the Defendant violated the Road Traffic Act (refluence of the noise measurement) caused an accident that was parked on the roads front of the Gwangju Mine Police Station C District located in Gwangju Mine-gu, Gwangju, by drinking alcohol on the roads of the Gwangju Mine Police Station C District, and by drinking alcohol while driving a DMW X3.0i car. On the spot, the Defendant moved to the said district along with the police officers dispatched to the reported site. On the other hand, there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as smelling, smelling, and raising red on the face of the said district E from around 02:40 to around 02:57 on the same day, the Defendant was required to comply with the drinking alcohol measurement by inserting a drinking measuring instrument four times during the period from around 02:40 on the same day.

Nevertheless, the defendant, by refusing to put the whole breath in a drinking measuring instrument, failed to comply with a police officer's request for a drinking test without justifiable grounds.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated a DoW X3.0i car that was not covered by mandatory insurance at the time and place mentioned in the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Each traffic accident report;

1. Application of Acts and subordinate statutes of the Mandatory Insurance Policy Association;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure alcoholic beverages), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating automobiles which are not mandatory insurance), and the choice of imprisonment, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The offense of the defendant with the reason of sentencing Article 62-2 of the Criminal Act.

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