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(영문) 대구지방법원 상주지원 2015.02.03 2014고단672
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On November 27, 2014, the Defendant driven a f multilateral vehicle at a section of about 450 meters from the front side of convenience stores in Gyeongcheon-gun, Gyeongcheon-gun without obtaining a driver’s license to the front side of safety logistics in 125 in the same Eup/Myeon, from the front side of convenience stores in Gyeongcheon-gun, Gyeongcheon-gun without obtaining a driver’s license.

2. Violation of the Road Traffic Act (Refusal to measure a noise level) the Defendant driven the said vehicle at the time and place specified in paragraph (1).

At the time, the Defendant was on board the said vehicle parked in front of the above E convenience point even though he was under the state of guiding the Defendant to return to the Defendant by using a taxi or proxy driving, etc., from the guards H, etc. belonging to the G District Department, which was reported as the main cancellation column at the restaurant located in the Ycheon-gun, Ycheon-gun, Chungcheongnamcheon-gun, the Defendant was on board the said vehicle. The above police officers demanded the Defendant to stop the vehicle by means of a ample ampl, etc. after reporting the Defendant to drive the vehicle at the above restaurant, and demanded the Defendant to stop the vehicle by using a ampl, ampl, ampl, etc. after the patrol lane. At the time of guiding the home and this control, there are reasonable grounds to recognize that the Defendant driven the vehicle while under the influence of alcohol, such as the Defendant was under the influence of alcohol, by carrying the vehicle voluntarily with the above police box around 19:45 on the same day from 19:56 to 20:163 times on the same day.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the selection of each fine for the crime;

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