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(영문) 광주지방법원 순천지원 2014.04.15 2013고단2509
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 22:15 on October 30, 2013, the Defendant violated the Road Traffic Act (refluence of the noise measurement) and discovered that the Defendant, while driving a ccafeteria in front of the Ccafeteria located in Bosong-gun B, Bosung-gun, he was found to be exposed to the Bosong Police Station Eaba, which was parked on the right side of the road while driving a 50cc or less of 50cc c motor vehicle without registering the alcohol while driving it on the front side of the road.

At the time, there are reasonable grounds to recognize that the defendant was driving under the influence of alcohol, such as smelling in the defendant's entrance at the time, snacking the defendant, and thus, the above slope F voluntarily operated the defendant by E-scoping the defendant, and requested the defendant to comply with the request for measurement of alcohol without justifiable grounds, even though the defendant failed to comply with the request for measurement of alcohol without justifiable grounds, by inserting the whole breath for about 30 minutes from 22:40 to 23:10 of the same day.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act, at the date and place specified in paragraph (1), and without a motorcycle driver’s license, driven the above 400-meter distance from the front G G G to the C cafeteria located in G.

Summary of Evidence

1. Defendant's legal statement;

1. The report on the occurrence of a traffic accident (1 report), the report on the detection of a primary driver, the report on the de facto statement of a primary driver, the confirmation document, the actual survey report, the On-site photograph of a traffic accident, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports (related to non-compliance with sound measurement);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure alcoholic beverages), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating two-wheel automobiles which are not mandatory insurance), Articles 154 subparagraph 2 and 43 of the Road Traffic Act, the selection of fines, and the selection of fines;

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

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