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(영문) 대구지방법원 안동지원 2015.08.04 2015고단394
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant violates the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act is a holder of Crocketing other vehicles.

At around 23:30 on May 28, 2015, the Defendant driven the said car without a mandatory insurance without a driver’s license from around 300 meters away from the front of the “lG Electronic Services”-ro 23, Ansan-si, Ansan-si, Ga, to the front road of the “LG Electronic Services”-ro 535, Dong-dong.

2. Violation of the Road Traffic Act (Refusal of measurement) was committed by the Defendant under the influence of alcohol to a slope E belonging to the D District Unit of the Andong Police Station D District where the Defendant was patroled on a nearby road while driving a rocketing car, such as paragraph (1) under the influence of alcohol. There are reasonable grounds to recognize the Defendant as driving under the influence of alcohol, such as drinking, smelling, sniffing, drinking, and sniffing, and routing, and making it possible to recognize the Defendant as driving under the influence of alcohol, and thus, the Defendant was arrested as a flagrant offender and transferred to the D Zone as a flagrant offender.

피고인은 2015. 5. 28. 23:45경 안동시 F에 있는 D지구대 안에서 위 경사 E로부터 30분간 3회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받고도 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하였다.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A written confirmation of a person who refuses to take a drinking test;

1. Registers of driver's licenses;

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

1. Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Act on the Guarantee of Automobile Accident Compensation, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, Article 148-2 (1) 2 of the Road Traffic Act and Article 44 of the Road Traffic Act concerning the crime;

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