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(영문) 울산지방법원 2013.07.04 2013고단1994
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

If the defendant fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

1. On May 4, 2013, at around 21:35, the Defendant was demanded to comply with a drinking test by inserting alcohol measuring instruments into a drinking measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol while driving a 124cc camb, which was not registered under the influence of alcohol in front of the restaurant of the Ulsan-dong defense Dong, Ulsan-dong (U.S.) while driving a 124cc camb, which was not registered under the influence of alcohol on the front of the restaurant.

Nevertheless, the defendant, by refusing to put the whole breath in a drinking measuring instrument, failed to comply with a police officer's request for a drinking test without any justifiable reason.

2. On May 4, 2013, at around 21:35, the Defendant driving a motor vehicle without obtaining a license for a motor bicycle in approximately 200 meters from the front side of a mutually influorous restaurant in Ulsan-dong defense Dong-dong, Ulsan-gu to the front side of a yellow restaurant in the same Dong-dong, without obtaining a license for a motorcycle.

3. A motor vehicle owner violating the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on which no mandatory insurance has been subscribed on the road. However, the Defendant, as a holder of a two-wheeled motor vehicle, operated a motor vehicle not covered by mandatory insurance in the same manner as the date and time and place indicated in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act, Article 154 subparagraph 2, Article 43 of the Road Traffic Act concerning criminal facts, and Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act.

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