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(영문) 대전지방법원 논산지원 2016.09.27 2016고단365
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

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

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to imprisonment with labor for six months and a fine of three hundred thousand won on July 19, 2016 for a violation of road traffic law in the Daejeon District Court's support on July 19, 2016, and the judgment became final and conclusive on July 27, 2016.

[Criminal facts]

1. On June 30, 2016, the Defendant was driving under the influence of alcohol by the Defendant without obtaining a license for a motor device bicycle at around 08:00 on June 30, 201, in the direction of about 1km from the front day of Yansan-si to the front day of the district unit of the Yansan Police Station D (U.S.) Police Station, the Defendant was driving under the influence of alcohol by the Defendant, such as drinking alcohol, sniffing, photographing face, red, and generating reaction of drinking alcohol.

Due to reasonable grounds to determine a person, police officers E belonging to the said district group were required to respond to the measurement of drinking by inserting the breathm in total three times in around 08:09 on the same day, around 08:19 on the same day, and around 08:30 on the same day.

Nevertheless, the Defendant continued to refrain from measuring alcohol so that he/she did not comply with a police officer's request for measurement of alcohol without justifiable grounds.

2. The Defendant in violation of the Guarantee of Automobile Compensation for Damages is a person holding an unregistered 125cc.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the Defendant operated the above Oral Ba, which was not covered by mandatory insurance, at the time and place of Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The ledger using sobling measuring instruments;

1. The driver's license ledger;

1. On-site photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as criminal history, and investigation reports (reports attached to the same type of force and acceptance status);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 of the same Act concerning facts constituting an offense.

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