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(영문) 수원지방법원 안산지원 2020.04.29 2020고단220
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 5, 2007, the defendant was issued a summary order of a fine of KRW 700,000 by the Incheon District Court for a violation of the Road Traffic Act.

1. A person who intends to operate construction machinery violating the Construction Machinery Management Act shall obtain a construction machinery operator's license from the head of a Si/Gun/Gu

On September 25, 2019, the Defendant driven D's vehicle without obtaining a construction machinery operator's license from the Cgyp site located in Cgyp site B at Si of Si of Si of Si. 16:00.

2. On September 16, 2019, the Defendant violated the Road Traffic Act (Refusal of the measurement of drinking), despite the reasonable grounds to recognize that he was driving under the influence of drinking on three occasions, such as drinking, drinking, drinking, drinking, and drinking, by denying the driving of drinking, avoiding the alcohol measurement, and failing to comply with a police officer’s request for the measurement of drinking without justifiable grounds, even though he was required to respond to the measurement of drinking for about 23 minutes, on September 25, 2019, by avoiding the driving of drinking, and avoiding the alcohol measurement.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. G statements;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Registers of driver's licenses;

1. Related photographs;

1. Domestic internal investigation reports, investigation reports, investigation reports (report on the status of drivers), and telephone conversations between reporters;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning criminal facts, Article 41 subparagraph 14 of the Construction Machinery Management Act, the main sentence of Article 26 (1) (in the case of operating without obtaining a license) of the same Act, Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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