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(영문) 제주지방법원 2019.01.10 2018고단1378
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around September 29, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving at a section of about 500 meters from the C-Road located in Seopopopo City B to D, without obtaining a driver’s license for driving a motor vehicle at a section of about 500 meters, without obtaining a driver’s license for driving a motor vehicle.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said otobs without mandatory insurance at the date and place specified in paragraph (1).

3. On September 30, 2017, the Defendant was required to comply with the measurement of alcohol in a manner of inserting the measuring instruments five times from around 00:08 on September 30, 2017 to 00:28 of the same day, on the grounds that there were reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as under the influence of alcohol, while driving the above obbbba at the time and place specified in paragraph (1), by putting the obbbbbbba, under the influence of alcohol, it was controlled by the police officer F, who belongs to the Jeju Coast Police Station E District, making him red on the inside, and

Nevertheless, the Defendant refused to take such pulmonary measure as above and did not comply with a police officer’s request for a alcohol test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a driver and the register of driver's licenses;

1. The place of the offence, the investigation report (subject to investigation, etc.) - The application of the laws and regulations without registration;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense (selected of punishment), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (limited to imprisonment);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. The order of provisional payment;

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