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(영문) 대전지방법원 천안지원 2017.04.12 2017고정204
도로교통법위반(음주측정거부)등
Text

The sentence against the accused shall be five million won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Violation of the Guarantee of Automobile Compensation and Violation of Road Traffic Act (Non-licensed Driving) on September 29, 2016, the Defendant driven a DNA motor bicycle that was not covered by mandatory insurance at approximately two meters from the runway side of the “C Gameland” to the front side of the entrance of the “C Gameland,” without seeing it as a clerical error in the “motor bicycle license” written indictment for a motor device bicycle at around 23:20 on September 29, 2016.

2. On September 30, 2016, the Defendant violated the Road Traffic Act (Refusal of measurement of drinking), was reported to have driven alcohol by the employees of the head of the said game box, within the F police box located in Asia-si on September 30, 2016, and was driven while under the influence of alcohol, such as the distance of a scood with a tag at the time when the Defendant was under the influence of alcohol.

Even if there is a reasonable reason to designate a person, he/she was requested by G, etc. of the police box to respond to the measurement of drinking alcohol between approximately 32 minutes, but he/she failed to comply with the measurement of drinking alcohol without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H and I;

1. Statement report on the situation of a driver who takes drinking, ledger on the use of drinking instruments, inquiry into mandatory insurance, and license ledger;

1. Application of statutes on site photographs;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 2, 44 (2) of the Road Traffic Act (the point of refusing to measure drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of refusing to drive a non-licensed driving), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, and the selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is the type and degree of the crime in this case, the criminal records of the defendant's criminal punishment (which has the same past record, but has no past record of probation or higher), the defendant recognizes and reflects the crime, and other reasons.

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