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(영문) 대전지방법원 천안지원 2017.01.12 2016고정685
도로교통법위반(음주측정거부)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of a vehicle B-wheeled, in violation of the Road Traffic Act;

On March 19, 2016, the Defendant driven the two-wheeled vehicle under the influence of alcohol in front of the Safety Center in the 1119 Safety Center in the Sinsan-si, Asan-si on March 21, 2016.

At around 21:34 of the same day, Defendant 1: (a) sniffly sniffed in the Defendant’s entrance; (b) kniffly siffly siffly, and siffly driven

A person who was under the influence of alcohol, such as assertion;

There are reasonable grounds for recognition, and it was demanded from C to respond to the measurement of drinking alcohol by inserting the whole in a drinking measuring instrument three times from the police officer C.

Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

2. The Defendant is a holder of B-wheeled vehicle in violation of the Guarantee of Automobile Compensation.

The Defendant operated the Ba-wheeled Vehicle that was not covered by mandatory insurance at the same time and place as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver in charge of drinking and the inquiry of the results of crackdown on drinking driving; and

1. Copy of the ledger of use of drinking instruments, and each entry of mandatory insurance inquiries;

1. Application of statutes on images of on-site photographs;

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, and Articles 148-2 (1) 2 and 148-2 (2) (Selection of a fine) of the Guarantee of Automobile Compensation Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a bicycle with no mandatory insurance, the choice of a fine);

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the defendant driving a motor device or bicycle not covered by mandatory insurance in the state of drinking and refused to measure drinking, and the defendant three times for the crimes of this kind.

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