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(영문) 대구지방법원 영덕지원 2016.05.11 2016고단48
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 200,000 won.

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

Reasons

Punishment of the crime

1. On February 12, 2016, the Defendant driven the 100cc Obama, without obtaining a motor device bicycle license, from the front of the elementary school motive conference to the front of the D Council members located in C, in order to take measures against the Young-gu, Chungcheongnam-do around 03:20 on February 12, 2016, the Defendant driven the E 10cc Obama without obtaining a motor device bicycle license.

2. On February 12, 2016, the Defendant: (a) driven a motor vehicle under the influence of alcohol by drinking alcohol on the front side of a member of DD in Yong-gun, Chungcheongnam-gun; (b) while driving a motor vehicle in front of a member of D on the road in front of a member of D in Yong-gun, Chungcheongnam-gun; (c) while driving the motor vehicle in front of the member E, he/she was on the duty of driving the motor vehicle; and (d) the Defendant driven the motor vehicle under the influence of alcohol by drinking alcohol to the Defendant from G who belongs to the police box of the Gyeong Young-gu Police Station in receipt of the report and called the scene

There is a reasonable reason to determine the person, so it was demanded to make a measurement of drinking over about 30 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

3. The Defendant, at the time, at the time, and at the place specified in paragraph 2, was required to take a alcohol test as above, sent out to the victim I, who is the police officer belonging to the police box of the Gyeongbuk-gu Police Station Fack in the next place while two members, including H, etc., of the 119 first aid staff who called out for emergency service, were in order to avoid smoking.

개 자슥아 ”라고 큰소리로 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Fines) regarding the criminal facts subject to the police's inquiry as a result of the police's statement statement statement statement H concerning Defendant I, a statement of the situation of the driver who takes the driving of alcohol, a notice of the results of crackdown on driving of alcohol, a driver's license register, a tea inquiry, and a record of the crackdown on driving of alcohol, and the criminal facts subject to the application of the law, Articles 154 Subparag. 2 and 43 of the Road Traffic Act, Articles 148-2(1)2 and 44(2) of the Road Traffic Act (the rejection of alcohol measurement);

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