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(영문) 부산지방법원 2019.01.24 2018고단5132
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 06:40 on October 22, 2018, the Defendant violated the Road Traffic Act (refluoring to measure the noise level) on the road in front of the “Cmatet” located in the Geum-gu Busan Geum-gu, Busan. Around 06:40, the Defendant was under the influence of alcohol, while driving a 125cc Boper, without a license plate, and was under the influence of alcohol by the Defendant’s negligence in violation of the new subparagraph, and filed 112 declaration by D.

Upon receipt of a report, the Defendant was required to respond to a drinking test by inserting the breath in the manner of inserting the breath of the F Zone G belonging to the Busan F District Police Station, and the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath,

In other words, at around 07:29 on the same day, the Defendant was demanded from the above police officers to respond to the alcohol level measurement on several occasions at the “J Hospital” located in the Geum-gu Busan Metropolitan Government I, but did not comply with the police officers’ request for alcohol level measurement without justifiable grounds.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a motor vehicle who actually drives and manages a motor bicycle 125cc motor vehicle in the low beam without a license plate.

No automatic holder shall operate an automobile which is not covered by mandatory insurance.

Nevertheless, around 06:35 on October 22, 2018, the Defendant operated the said automobile not covered by mandatory insurance on the three-lane road of the “Catt” located in the Gold-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Reports on the occurrence of traffic accidents, reports on the results of the control of drinking driving, checking of the results thereof, and reports on the state of drinking drivers;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Relevant provisions of Article 148-2 (1) 2 and the main sentence of Article 44 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Selection of penalty;

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