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(영문) 창원지방법원 2018.04.18 2017고단4383
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months and a fine of 150,000 won.

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

Reasons

Punishment of the crime

1. On November 13, 2017, the Defendant was driven under the influence of alcohol by a police officer at the police station B police box belonging to the Busan Police Station B, who discovered that the Defendant did not carry a license plate on the above lebba while driving a 49cc oba in front of the Bupyeong-gu, Jin-si, Jin-si while drinking on the road in front of the Bupyeong-gu, Jin-si, Kim Jong-do, Kim. The Defendant was driven under the influence of alcohol by drinking, such as drinking alcohol and drinking on the Defendant and sprinking red on the face.

On November 13, 2017, from around 19:26 to around 19:41 on the same day, it was demanded to comply with the measurement of drinking by inserting the whole breath of drinking in four occasions.

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

2. Violation of the Road Traffic Act (Non-licenseless Driving) Defendant 1 driven a 49cc occ lebane without obtaining a motor device bicycle license from the rack-gu bus terminal near Jin-si, Jin-si, Jin-si at around the time specified in the above paragraph 1 to the place specified in the above paragraph 1.

3. No motor vehicle which is not covered by mandatory insurance for guaranteeing liability for motor vehicle damages shall be operated on a road;

Nevertheless, the defendant operated the 49cc Oral Ba on the road, which was owned by the defendant who was not covered by mandatory insurance at the time and place specified in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the criminal place, arrest of flagrant offenders, confirmation letter, notification of the result of crackdown on the driving of drinking, the circumstantial statement report of the driver in charge of drinking, investigation report (report on the situation of the driver in charge of driving), and licensing register;

1. Articles 148-2 subparag. 2, 44 subparag. 2 (a) and 154 subparag. 2 and 43 (a non-licensed driving) of the relevant Act concerning facts constituting an offense, and Article 46 subparag. 2 of the Guarantee of Automobile Compensation Act.

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