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(영문) 수원지방법원평택지원 2020.10.07 2020고단844
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. No motor vehicle shall be operated on a road unless it is subscribed to the mandatory insurance in violation of the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act;

Nevertheless, at around 20:15 on April 4, 2020, the Defendant driven a registered substitute motor bicycle not covered by mandatory insurance without a license from approximately 100 meters away from the front of the apartment management office to the front road of the above apartment house management office.

2. On April 4, 2020, from around 20:43 to 20:54, the Defendant was demanded to comply with the measurement of drinking alcohol by inserting the alcohol measuring instruments three times between the following grounds: (a) there was a considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as a rain distance, etc., on the ground that from the slope E belonging to the D District Unit of the Ansan Police Station D District, which was called out after receiving a 112 report at the front of the said B apartment management office, the Defendant was in a profound manner, and that the Defendant was in a breath from the slope E belonging to the Safety Police Station D District, which was called up.

Nevertheless, the defendant did not comply with a police officer's request for a so-called alcohol test without any justifiable reason by intending to escape from the scene, facing a police officer's face near the defendant, and avoid it.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Control photographs;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes on CCTV images by cutting off the scenes and moving images, capturing-out reports (on-site verification and verification of CCTV camera images) and CCTV camera images;

1. Article 154 subparagraph 2 of the Road Traffic Act, Article 154 and Article 43 of the Act on the Security of Automobile Accident Compensation, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 148-2 (2) and Article 44 (2) of the Road Traffic Act shall be refused to measure the alcohol of a vehicle subject to mandatory insurance;

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