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(영문) 청주지방법원 제천지원 2017.06.29 2017고단139
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Violation of the Guarantee of Automobile Compensation, and violation of the Road Traffic Act (unlicensed Driving) by the Defendant is a holder of an objection to KR110 Oralo, which has no number plate.

On April 19, 2017, at around 16:00, the Defendant driven the Defendant’s house near the Defendant’s house in Seocheon-si B without purchasing a mandatory insurance policy from the section of approximately 2 km from around 16:15, 16:15, the south No. 45, Nam-ro, 16:20,000, to the neighboring road, and without obtaining a motor device license.

2. On April 19, 2017, the Defendant was driven under the influence of alcohol on the road in front of Y110 Oral KR110, while driving a breaon with the 45-ro 26-lane in the direction of around 16:15, the Defendant: (a) while drinking alcohol; (b) while drinking alcohol, the Defendant was driven under the influence of alcohol by a police officer D, a police box of the Incheon Police Station C, who belongs to the police station C, of which he/she is carrying a breaon breaon without a license plate; and (c) while drinking alcohol, he/she was driven under the influence of alcohol, such as talking

A person who is requested to comply with a drinking test due to reasonable grounds to determine the person, refuses to comply with the demand of a police officer to take a drinking test, and a person who is going to walk on the road and walk on the road due to his/her marb, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 154 subparagraph 2 and 43 of the Road Traffic Act (unlicensed driving, Selection of fines), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating mandatory insurance, selection of fines) and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure drinking, the choice of imprisonment)

1. Crimes provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and 3, and Article 50 of the same Act for the aggravation of concurrent crimes shall be punished by imprisonment;

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