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(영문) 수원지방법원 2017.05.23 2017고단583
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

1. On January 21, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking, drinking, snowing, etc., from the head of the police box affiliated with the police box of the Mosung-dong Police Station, while driving a motor vehicle under the influence of alcohol on the front of the motor vehicle, in a light of 01:52, the Defendant driven the motor vehicle under the influence of alcohol, while drinking the motor vehicle on the front of the motor vehicle, by drinking the motor vehicle under the influence of alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. On January 21, 2017, the Defendant driven a motor bicycle in approximately 10 meters section from the G real estate front to the front of the G real estate in the C when he/she is thermalized, without obtaining a motor device license, from the front of the G real estate to the front of the C.

3. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated an off-to-land which was not covered by mandatory insurance at the time and place specified in Paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of a driver at the main place, certificate of disuse of a two-wheeled motor vehicle, notification of detection of misreported soil, and register of driver's licenses;

1. Application of statutes on site photographs;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 2, 44 (2) of the Road Traffic Act (the point of refusing to measure drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of refusing to drive a bicycle without obtaining a license certificate), Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Security Act, and selection of fines, respectively;

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

1. Articles 53 and 55(1)6 of the Criminal Act to reduce the amount of reduction

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