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(영문) 제주지방법원 2015.10.20 2015고정810
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (Refusal of measurement) by the Defendant is a driver of 100cc c. who has not registered a license plate.

On June 12, 2015, the Defendant driving the above Oral Sea, which started from the residence located in Seopo-si B, Seopo-si on June 12, 2015, and driven approximately KRW 1 km from the front of the Gangwon Military Base Officer in the same Dong.

On the same day, there are reasonable grounds to recognize that two persons, such as D, etc. belonging to the Seogpo Police Station C police box of the Seocho-gu Police Station, who was sent to the scene after having been reported that they driven a stobbbb and fright before the police patrol unit, had drunked drinking at the Defendant’s entrance, and had a face red, and carried a breath, etc., so that D, the police officer of the dispatch, was unable to enter the Defendant in a drinking measuring instrument at around 05:42, around 05:42, around 06:3, around 06:13, around 06:13, about four minutes in total, at around 30 minutes.

Nevertheless, the defendant did not comply with a police officer's demand for a drinking test without justifiable reason.

2. The Defendant is the owner of 100cc Oral Ship Accident Compensation Guarantee Act (un mandatory insurance) without registration of a license plate.

No person shall operate any automobile which is not covered by the mandatory insurance on a road.

Nevertheless, the Defendant, without purchasing mandatory insurance, driven the above Oral Ba and operated the road without having to purchase mandatory insurance until the construction site of the same naval Gun base station.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of an employee;

1. Notification of the result of crackdown on drinking driving;

1. A written statement prepared by E;

1. Application of the statutes to notify detection of a non-registered two-wheeled motor vehicle;

1. Relevant Article of the Road Traffic Act and the choice of punishment for the crime: Articles 148-2 (1) 2 and 44 of the Road Traffic Act;

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