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(영문) 창원지방법원 거창지원 2012.12.20 2012고합106
도로교통법위반(음주측정거부)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. A. On September 19, 2012, the Defendant violated the Road Traffic Act (unlicensed driving) driving at approximately 600 meters away from the Defendant’s house located in D in G to the F adjacent road in E, G F.m. on September 19, 2012 without obtaining a driver’s license.

B. Violation of the Road Traffic Act (Refusal of Drinking Measures) provided that the Defendant was at the time of driving a HF rocketing car near the above F on the road. The Defendant was required to comply with a drinking test by inserting it to the police officer two times from 19:03 to 19:08 of the same day by inserting it into a drinking measuring instrument and inserting it to the slopeJ, etc. affiliated with the I police box of the Development Police Station called upon by the above report by the Defendant. The Defendant was exposed to the slopeJ, etc. of the I police box of the Development Police Station called out by the above B, and smelling the Defendant. The face of the Defendant is so vague, e.g., with red and snow, and the Defendant was under the influence of drinking, and there was a considerable reason to believe that the Defendant was under the influence of drinking, such as in-depthing and e.g., in-depthing the questions of the

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a drinking test without any justifiable reason.

2. At around 18:35 on September 19, 2012, Defendant B driven a HF car without obtaining a driver’s license in a 1km section from the members of the National Assembly in K located in K to the permanent market in M.

Summary of Evidence

【Paragraph 1 of this Article】

1. Defendant A’s legal statement

1. A report on investigation (fore, 35 pages of investigation records);

1. Photographs of the control of drinking operation;

1. A written order from a host driver, a notice of completion of correction, and a statement on the status of a host driver;

1. The register of driver's licenses and the register of tea (Article 31 of the Investigation Records) (paragraph (2) at the time of marketing);

1. Defendant B’s legal statement

1. Application of the Act and subordinate statutes to the ledger of driver's licenses and the register of tea (46 pages of investigation records);

1. Criminal facts;

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