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(영문) 대구지방법원 김천지원 2018.08.21 2016고단1841
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On November 5, 2016, the Defendant driven a Cbeer or a car under the influence of drinking on the roads B in the Gu-U.S. on the roads B at Gu-U.S. on November 5, 2016. On November 22:14, 2016, at the Gu-U.S. police station E box located in Gu-U.S.D from November 5, 2016 to 22:42 of the same day, the Defendant driven a car under the influence of drinking, such as drinking, smelling, sprinking, sprinking the Defendant on the face, making the sprink, and driving a car under the influence of drinking.

There are reasonable grounds to determine a seal, the police officer of the above police box was requested by F to comply with the measurement of drinking alcohol by inserting the whole breath of a drinking measuring instrument three times from F, and the police officer did not comply with the request for measurement of drinking alcohol without justifiable grounds.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Around November 5, 2016, the Defendant owned the said car, and operated the said car without mandatory insurance from approximately 300 meters to the front of G apartment on the Gu-U.S.-si apartment road to the front of the Gu-U.S.-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

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

1. To refer to the ledger of drinking instruments and mandatory insurance;

1. Application of CCTV image Acts and subordinate statutes which refuse to measure drinking;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal to measure drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and selection of imprisonment with labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) of the Act on Reduction of Small Quantity is that the Defendant re-consected the instant crime, but the Defendant already committed the same kind of crime, such as drinking, etc.

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