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(영문) 부산지방법원 동부지원 2017.07.21 2016고단1964
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding one hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a bicycle for a motor device BL 125CC.

1. On May 31, 2016, the Defendant was arrested as a flagrant offender under the suspicion of assaulting E at the police station D district of the Busan Coast Guard located in the Busan Coast Guard C on May 201, 2016, and the Defendant was under investigation. On the other hand, the Defendant made a witness’s testimony and sniffing in the mouth while drinking, while driving under the influence of alcohol.

there are reasonable grounds for suspecting

In recognition of the above police station, the police officer's slopeF from 20:59 to 21:34 on the same day requested to take a alcohol test on a total of four occasions, but did not comply with the demand without justifiable grounds.

2. On May 31, 2016, the Defendant operated the motor device bicycle without obtaining a motor device bicycle license in front of the G lending in Busan-gun, Busan-gun on May 31, 2016.

3. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated a bicycle without mandatory insurance, at the same time and at the same place as paragraph (2).

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of the Act and subordinate statutes to one copy of a CCTV image photograph, such as a investigation report, the statement of the circumstances of the driver in charge, the internal investigation report (in the event of the CCTV image), the field photo, the investigation report (in the event of the investigation of the I CCTV image), the driver's license register, the mandatory insurance inquiry, the investigation report (in the case of the suspect A's drinking video), the investigation report (in the case of the suspect's drinking video image), the closure photograph of the I CCTV image;

1. Article 148-2(1)2 and Article 44(2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the selection of imprisonment), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the occupation of driving a bicycle without a license for motor device, the selection of fines), Article 46(2)2 and Article 8 of the Guarantee of Automobile Damage Compensation Act (the non-insurance).

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