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(영문) 서울남부지방법원 2016.09.02 2016고정1379
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

A. Violation of the Road Traffic Act (Refusal of the measurement of alcoholic beverages) The Defendant, while drinking alcohol around January 23:10, 2016, is driving a Brodi vehicle B at the front of the shooting distance of the Yeongdeungpo-gu Seoul Metropolitan City Do-ro, Yeongdeungpo-gu, Seoul.

Since there are reasonable grounds to recognize that a police officer was driven under the influence of alcohol, such as smelling, snowing, and string distance, after being discovered by drinking driving, he/she did not comply with a police officer's request for a measurement of drinking without justifiable grounds, even though he/she received a request for a measurement of drinking four minutes from D for about 30 minutes from a police officer affiliated with the Yeongdeungpo-gu Police Station C police box of Yeongdeungpo-gu

B. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of Brodis joint vehicles.

No person shall operate any motor vehicle on a road, which is not mandatory insurance.

Nevertheless, the defendant above A.

At the same time and place as the paragraph, the vehicle not covered by mandatory insurance was operated.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. Mandatory insurance policies;

1. Application of the Acts and subordinate statutes governing the reproduction of CCTV images in a police box;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (1) of the Road Traffic Act (a point of refusing to measure sound), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines, respectively;

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

1. Articles 70 (1) 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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