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(영문) 대구지방법원 상주지원 2016.11.15 2016고단378
도로교통법위반(음주측정거부)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On August 21, 2016, at around 09:15, the Defendant violated the Road Traffic Act (e.g., refusal to take a noise level) (i., the Defendant driven a breaon at the railroad crossing located in Ycheon-gun, Ycheon-gun, U.S.) and was transferred to an emergency room of "D Hospital" located in the same Gun C due to the occurrence of a traffic accident, and there is a reasonable ground to recognize that the Defendant driven a breaon while under the influence of alcohol due to a large face between 09:40 and 10:10 of the same day of the same day, having a large amount of face of alcohol in red and breathing, and a large amount of snow breathing, and so on, he/she did not comply with the alcohol level at least three times at intervals of 10 minutes from the nearest F of

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of GITI 100G 100G Republic of Korea.

On August 21, 2016, the Defendant operated an automobile which is not covered by mandatory insurance on the road. However, on August 21, 2016, the Defendant, at around 09:15, operated the said automobile, which was not covered by mandatory insurance at approximately 8 km section from the Defendant’s dwelling place in the Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, to the railroad crossing located in the same Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the State-employed driver, report on the statement of the status of the State-employed driver, report on the actions of the State-employed driver, report on internal investigation, inquiry into the results of the control of drinking driving, mandatory insurance, and information inquiry into mandatory insurance;

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 sound), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the choice of imprisonment, respectively, with prison labor;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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