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(영문) 서울중앙지방법원 2017.11.23 2017고정3389
도로교통법위반(음주측정거부)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 24, 2017, the Defendant: (a) driven a motor vehicle under the influence of alcohol, such as drinking, drinking, snowing, and photographing on the face, while driving a two-dimensional motor vehicle at about 200 meters in a 200-on speed from the front of the shooting distance in Dobong-gu, Seoul Special Metropolitan City to the front road of 229-1 in front of the same Gu-ro Do; (b) the Defendant found the foregoing B and one other, while working for the traffic patrol while driving a two-wheeled motor vehicle at about 125:4 hours; and (c) the Defendant driven a motor vehicle under the influence of alcohol, such as drinking, drinking, fluening, and fluing red on the face.

In order to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument over five minutes due to reasonable grounds, but the police officer did not comply with the request for measurement of drinking without justifiable grounds.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) the Defendant, like paragraph (1), operated a two-wheeled automobile without registration that the Defendant did not purchase mandatory insurance; and (b) at 125 Si/Gun/Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Police criminals, state statements and reports on the circumstances of drivers, and inquiry into the results of crackdown on drinking driving;

1. Application of each police investigation report and mandatory insurance-related Acts and subordinate statutes;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act concerning facts constituting an offense, and Articles 46 (2) 2 and 8 (main sentence) of the Guarantee of Automobile Compensation Act, and selection of fines, respectively;

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

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

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

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