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(영문) 대구지방법원 서부지원 2015.05.22 2015고정441
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bran XG vehicles.

1. On March 10, 2015, at around 00:35, the Defendant violated the Road Traffic Act (i.e., the Defendant’s refusal to measure the noise level) and (ii) around 443, the police officer, who belongs to the police station that achieved the 443 king, while driving the said vehicle, proceeded with Uton and stopped 50 meters after driving the said vehicle.

At the time, there was a reasonable reason to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant was snickly sniffing and face, and the Defendant was unable to properly take away his body.

Therefore, the police officer requested the defendant to take a alcohol test on three occasions from 00:57 to 01:25 on the same day, but the defendant did not comply with the request by the defendant, "I do not drive while the substitute engineer got to drive."

As a result, the defendant did not comply with a police officer's demand for alcohol measurement without justifiable grounds.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated automobiles which were not covered by mandatory insurance at the above date, time, and at the above place.

3. Any person who takes over an automobile registered in violation of the Automobile Management Act shall file an application for registration of transfer of ownership with the Mayor/Do governor within fifteen days after it is taken over

Nevertheless, on February 23, 2015, the Defendant did not file an application for ownership transfer registration without justifiable grounds within 15 days from the acquisition of the said car.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. The credit bureau and the mandatory insurance association;

1. Investigation report (in respect of the nominal owner of the B-Vehicle, appending the register of automobiles);

1. Application of Acts and subordinate statutes governing drinking photographs;

1. Article 148-2 (1) 2 of the Road Traffic Act, Article 44 (2) of the Act on the Guarantee of Automobile Accident Compensation and Article 46 of the Guarantee of Automobile Accident Compensation.

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