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(영문) 춘천지방법원 속초지원 2014.06.25 2014고단122
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a vehicle with C low-speed car.

On March 25, 2014, at around 01:07, the Defendant operated the said car not covered by mandatory insurance at approximately 800 meters section from the front road of the National Museum of Maritime Affairs, which was located in 194, from the front point of the projected bridge located in Choyang-dong, Seocho-si, Seocho-si, 01:09 on the same day to the same day.

2. On March 25, 2014, the Defendant violated the Road Traffic Act (refluence of measurement) and the Defendant was arrested in the act of committing an act in the act of committing an offense and transferred to the E district of Si/Gun police station located in D at the same time after receiving an accident report at around 01:17 on the same day while driving the said car in front of the Young Sea Natural History Museum located in the territorial sea of 194, the territorial sea of the Republic of Korea, from March 25, 2014.

피고인은 같은 날 01:38경부터 02:05경까지 위 E지구대 내에서 위 F으로부터 피고인에게서 술 냄새가 나고 얼굴에 홍조를 띠며 현장에서 음주감지기 반응이 나타났던 등으로 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 4회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구 받았음에도 입김을 불어넣는 시늉만하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of employer-employed drivers, and statement of employer-employed drivers;

1. The rejection of measurement, surface photograph;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 46(2)2 of the Act on the Guarantee of Automobile Accident Compensation, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, Articles 148-2(1)2 and 44(2) of the Road Traffic Act, and the same kind of criminal records of imprisonment with labor are provided once each. The period of driving under mandatory insurance is considerable, the period of driving under mandatory insurance is considerable, and the occurrence of heavy accidents during driving under the influence of alcohol, and the circumstances after the crime are committed are good.

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