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(영문) 대구지방법원 의성지원 2018.08.30 2018고정42
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 18, 2018, the Defendant violated the Road Traffic Act (Refusal of measurement of drinking), operated the said vehicle while under the influence of alcohol, such as drinking, drinking, face, red, etc. at the time of a traffic accident that occurred in front of the 4-lane of the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, North Korea on March 18, 201.

There are reasonable grounds to see that the B hospital located in the city from June 18, 2018 to June 19, 2018 was demanded from police officers to respond to the measurement of drinking on three occasions at the Gu-U.S. Hospital from June 18, 2018.

Nevertheless, the defendant did not comply with a police officer's request for measurement of drinking without justifiable grounds.

2. No person shall operate any motor vehicle, etc. which is not covered by mandatory insurance on a road;

Nevertheless, the Defendant, around 22:40 on June 18, 2018, operated a private-wheeled Mad Mad Mad Mad Mad Mad 4, which was not registered from the Mad Mad Mad Mad Mad Mad Mad Mad Ma to the front of the road from the Mad Mad Mad Ma

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a survey report on actual condition, a statement on the circumstances of the driver at the main place, and on-site photographs;

1. Application of an investigation report (in relation to refusal to measure drinking), the application of Acts and subordinate statutes on site photographs requiring the measurement of drinking;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 46 (2) of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the selection of fines for each crime;

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. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the defendant committed the crime in this case, or that the crime in this case did not comply with a police officer's legitimate request for measurement of drinking, and operated Otobs which are not mandatory insurance and the nature of the crime is not good, and that the crime in this case is committed.

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