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(영문) 대구지방법원 포항지원 2013.07.05 2013고정369
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 17:00 on March 10, 2013, the Defendant driven approximately 500 meters on the road in front of the same month, from the road in front of the Hancheon-dong, Yongsan-gu, Mancheon-gu, Mancheon-gu, Mancheon-do, without the license of a motorcycle.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to respond to a drinking test by inserting approximately 30 minutes of the alcohol measuring instrument into a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as drinking, smelling, photographing, exposing, and painting, from the slope D belonging to the Ponding Police Station C commander of the Ponding Port Police Station, which is investigating the traffic accident, due to the occurrence of B rocketing car and traffic accidents at the above time and place.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

3. The Defendant of the Guarantee of Automobile Accident Compensation Act driven the said automobile with no mandatory insurance policy (liability insurance) at the aforementioned time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2, 44 (2), 154 subparagraph 2, and 43 of the Road Traffic Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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