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(영문) 수원지방법원 평택지원 2018.06.20 2018고단157
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

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

Reasons

Punishment of the crime

1. On January 4, 2018, the Defendant, in violation of the Road Traffic Act (unlicensed Driving), driven a bicycle in BB 124CC engine device without obtaining a motor device license from around about 2 km section to the road near the 4520 k-ho-dong, in the direction of the 31stm west-si Do of Ansan-si to the 4520 west-si.

2. On January 4, 2018, the Defendant: (a) while driving a motor b bicycle while under the influence of alcohol on the road near the 4520 west-dong, Hasung-si, An Eup-do, at the 4520 west-dong, while driving the motor vehicle under the influence of alcohol; (b) the Defendant was reported to the effect that the Defendant parked and parked the bicycle for the said motor vehicle, and was dispatched by the Defendant after receiving a 112 report, the Defendant driven the motor vehicle under the influence of alcohol, such as drinking, smelling on the face of the police box C police box of the Ansan-gu Police Station C, who was dispatched by the Defendant, snick-do, red-light.

There is a reasonable reason to determine a person, and from around 21:59 to around 22:15 of the same day, it was demanded to respond to the measurement of alcohol by inserting the whole in part three times in a drinking measuring instrument for about 16 minutes.

Nevertheless, the defendant did not put the breath in a breath measuring instrument, and avoided the measuring instrument by hand, and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Article 154 subparagraph 2 of the relevant Act and Articles 154 and 43 of the Road Traffic Act (unlicensed Driving, Selection of Fines) concerning the facts constituting an offense, and Articles 148-2 and 144 (2) (the rejection of drinking measurement and the selection of imprisonment) of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. The Criminal Act to attract a workhouse;

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