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(영문) 대구지방법원 서부지원 2020.04.02 2018고단3401
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 150,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. Around 11:40 on July 16, 2018, the Defendant driven an E-motor bicycle without a motorcycle driver’s license in a section of about 40 meters distance from the front of the Daegu Seo-gu B to the front of the Dmatet in C.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a motorcycle as stated in paragraph (1) at the time and place specified in paragraph (1); and (b) the motorcycle as stated in paragraph (1).

3. On July 16, 2018, the Defendant violated the Road Traffic Act (refluence of the measurement) at G Hospital located in F of Daegu-gu, Daegu-gu, as set forth in paragraph (1) and sent it to the above hospital on the day when he was driven in excess of the driving level as set forth in paragraph (1). At the time of the Defendant’s entrance, the Defendant’s smelling and smelling out, in an incorrect manner, and the bring was requested by H Criminal I of the Seocho Police Station H in the Month Police Station called to the above hospital to respond to the alcohol test under the influence of alcohol, such as the distance between the 112 dispatch and the bringing, but the Defendant was requested to respond to the alcohol test by no later than 12:58 on the same day. However, the Defendant refused to take a measurement again by no later than 13:03 on the same day, and was requested to take a further measurement again, but rejected it by no later than 13:08 on the same day.

Accordingly, the Defendant did not comply with the alcohol alcohol measurement by a police officer in a situation where there is a considerable reason to recognize that he was driving a motor vehicle under the influence of alcohol without justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (with respect to refusal of measurement) and investigation reports (in relation to reported persons), and investigation reports;

1. Report on the occurrence of a traffic accident, report on actual condition, inquiry report on the control of drinking driving, inquiry into the results of the control of drinking driving, and report on the circumstances of drinking drivers;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes concerning video recording for crime prevention;

1. Relevant Article of the Act and Article 154 subparagraph 2 of the Road Traffic Act concerning the selection of criminal facts and punishment;

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