도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.
If the defendant does not pay the above fine, it shall be gold.
Punishment of the crime
1. On September 10, 2017, the Defendant driven a motor vehicle under the influence of alcohol by a police officer E belonging to the Leecheon-gu Police Station C District Zone, who was called up after receiving a report of 112, while driving a C District 125cc amb in front of the C District located in Leecheon-si, Leecheon-si on September 10, 2017, or driving a motor vehicle under the influence of alcohol, such as drinking alcohol and drinking on the face, fluoring red on the face.
Due to reasonable grounds, it was required to conduct a measurement by inserting the whole in a drinking measuring instrument.
Nevertheless, the Defendant did not comply with a police officer’s demand for the measurement of drinking without justifiable grounds, by expressing his/her intent not to conduct the measurement of drinking, such as “undertakeing,” and “undermining why,” the Defendant was aware of his/her desire.
2. On September 10, 2017, the Defendant was driving a D large-scale 125cc c motor vehicle from a section of about 500 meters to the front road of the C District Zone located in B from the 500-meter radius from the apartment road near the echeon-si Changdong without a motor device bicycle license.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Report on the circumstances of driving without a license;
1. Report on the circumstances of driving under the liquor:
1. On-site photographs;
1. A copy of the ledger using drinks for drinking;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (with respect to the punishment prescribed for the crime of violating traffic laws on roads);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 (1) of the Criminal Act on the community service order;
1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.