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(영문) 의정부지방법원 2012.11.29 2011고정2772
도로교통법위반(음주측정거부)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a unregistered motor bicycle.

1. On July 8, 201, from around 00:43 to 01:06 of the same day, the Defendant violated the Road Traffic Act (e.g., refusal to measure the drinking level) has reasonable grounds to recognize that he had driven a motor bicycle of 50cc without registration while under the influence of alcohol, such as a motor vehicle, spawn at a police box of the Southern-ju Police Station from around 00:43 to around 01:06, the Defendant failed to comply with the measurement of the drinking level without justifiable grounds, even though he/she received a request for the measurement of the drinking level

2. On July 8, 2011, at around 01:16, the Defendant driven a motor bicycle of about 50cc without registration from approximately 5 kilometers to the front of the police box located in the same city E from the 474 Man-do Man-si in South-do, the South-do, the Man-do, the Man-do, the Man-do, the Republic of Korea, without a license.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of examination of the witness of this court concerning D;

1. Photographss and on-site photographs after a CCTV course is cut;

1. Application of the Acts and subordinate statutes to the ledger of driver's licenses and reports on de facto statements of drivers;

1. Article 148-2 Subparag. 2, Article 44(2) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201; hereinafter the same shall apply), Article 154 Subparag. 2, and Article 43 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); the selection of fines for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The alleged defendant does not have to drive a motor bicycle, and is only true that he has driven the motor bicycle with the driver's license.

2. The following circumstances acknowledged by the evidence examined by this Court, i.e., the witness D, in this Court, shall sit on the driver's seat of a motorcycle where the Defendant 's 's clicks' is flicks and clicks.

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