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(영문) 춘천지방법원 2021.02.04 2020고단1241
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 14, 2016, the Defendant was issued a summary order of KRW 3 million for a violation of road traffic laws by the Chuncheon District Court.

피고인은 2020. 8. 14. 02:00 경 강원 춘천시 B 아파트 인근 도로에서, ‘ 카니 발 승용차량 운전자가 시동을 켠 채로 차량 안에서 잠이 들었다’ 는 내용의 112 신고를 받고 출동한 춘천 경찰서 C 지구대 경장 D로부터, 피고인이 차량을 도로 중앙 선상에 멈추고 시동을 켠 채로 잠이 들어 있는 등 피고인이 술에 취한 상태로 차량을 운전하였다고

There is a considerable reason to suspect that he/she has been requested to respond to the drinking measurement by inserting the whole in a drinking measuring instrument over about 20 minutes, but he/she has refused to comply with it without justifiable reasons.

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on the road which is not covered by mandatory insurance;

Nevertheless, at the time and place specified in Paragraph 1, the Defendant operated the Kakn car car which was not covered by mandatory insurance on the road specified in Paragraph 1.

Summary of Evidence

1. Legal statement of the criminal defendant, report on the circumstances of driving at home, inquiry into the results of crackdown on driving at drinking, inquiry into mandatory insurance, and bar image of the police officer controlling drinking;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of a report on investigation (Attachment to the same type of force);

1. Relevant legal provisions of the Act concerning facts constituting an offense, Articles 148-2 (1), 44 (1), and 44 (2) (a) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (a violation of 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 of the Criminal Act to attract a workhouse.

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