logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.06.14 2017고정330
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

1. On November 24, 2016, the Defendant violated the Road Traffic Act (refluence of drinking), driving a 124CC under the influence of drinking alcohol, within the new global belt of the Changwon Police Station, which was located 35 No. 45 p.m. 35 p. from Changwon-si, Changwon-si, Changwon-si, Seoul Special Metropolitan City on November 24, 2016.

If there are reasonable grounds to recognize it, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument, but it is not possible to refuse to make a measuring instrument more than three times.

A police officer's non-compliance with a police officer's request for alcohol testing without justifiable grounds.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person who has a unregistered 124CC, and the owner of a two-wheeled vehicle shall not operate a vehicle on the road which is not mandatory insurance.

Nevertheless, the Defendant operated the above Oral Ba which was not covered by mandatory insurance at the same time and place as in the preceding paragraph.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Statement of the circumstances of the driver involved in driving;

1. The CD (a investigative report);

1. Application of Acts and subordinate statutes to a report on investigation;

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

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow