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(영문) 대구지방법원 서부지원 2019.05.30 2018고정130
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

The defendant is a person who drives an tex tex at 49:00 p.m.

1. On January 8, 2018, at around 00:16, the Defendant driven a road that is not divided into two lanes in front of the Gyeongju-gun, Chungcheongnam-gun, Gyeongju-gun, and proceeded from D to E, resulting in a traffic accident by getting off the ice-line and going beyond the road above the ice-line.

On the same day, around 00:21, "I am in a single accident" was reported 112 and called out on the spot, F am in excess of 49:0 p.m. on the road, and the defendant was seated at the edge of the road, so I am under the influence of alcohol, so I am under the influence of alcohol, so I am under the suspicion of drunk driving.

On the same day, at around 00:40, G Hospital emergency room requested the defendant to measure the first alcohol level, but the defendant refused to measure the second alcohol level "the person who was not subject to the control," and refused to measure the second alcohol level at around 00:46 on the same day, but demanded for the second alcohol level measurement, but the police officer's request for the second alcohol level measurement at around 00:53 on the same day, but did not comply with the police officer's request for the second alcohol level measurement without justifiable grounds.

2. No motor vehicle owner shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the defendant operated the above Oral Ba, which was not covered by the mandatory insurance on a temporary basis, such as the above 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on actual condition, report on the control results of drinking driving, and report on the situation of a drinking driver;

1. Application of investigation reports (related to refusal to measure a alcohol level A), investigation reports (limited to CCTV photographs taken for committing a crime) and statutes;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 46(2) of the Guarantee of Automobile Accident Compensation Act for criminal facts;

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