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(영문) 수원지방법원 평택지원 2016.12.15 2016고단1362
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:35 on July 7, 2016, the Defendant was driving a 100cc stopane without obtaining a license for driving a 100cc stopane without obtaining a license for driving a motor vehicle on the front side of the 7-lane 9 Dong-si apartment road in Pyeongtaek-do.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of 100cc.

A motor vehicle owner is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, but the defendant operated the above otobs without mandatory insurance at the time and place referred to in paragraph (1).

3. The Defendant violated the Road Traffic Act (Refusal of the measurement) at the time and place under paragraph (1) of this Article, as stated in paragraph (1), and as stated in paragraph (1) of this Article, the Defendant also refused to comply with a drinking test by means of inserting the breath for about three minutes from around 0:4 of July 7, 2016 to 30 minutes after receiving 112 report that “the operation of the breath in danger of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the Republic of Korea.”

Accordingly, the defendant did not comply with a police officer's demand for alcohol test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Report on the circumstances of driving without a license;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to the ledger of use of drinking meters;

1. Relevant provisions of Article 148-2 (1) 2, Articles 44 (2), 154 subparagraph 2, and 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act for commercial competition (unlicensed driving and without insurance);

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

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