도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.
When the defendant does not pay the above fine, only 100,000.
Punishment of the crime
[Criminal Power] On October 14, 2013, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
1. The defendant has not obtained a motorcycle driver's license.
Nevertheless, at around 10:44 on February 15, 2020, the Defendant driven DGTS125 EVO Orala from the front of Jongno-gu Seoul Metropolitan Government B to the front of Jongno-gu C.
2. Violation of the Road Traffic Act (Refusal of Drinking Measures) has been cut off while driving the above otob on the front of Jongno-gu Seoul Metropolitan City on the front of the said temporary road, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, photographing, red, and routing, etc., by a policeman belonging to the Seoul Hyeung Police Station who was called out after receiving 112 of the said 112, the Defendant failed to comply with a police officer’s request for the measurement of drinking alcohol without justifiable grounds, even though he was requested from 10:56 to 30 minutes of the said day to respond to the demand for the measurement of drinking alcohol by a police officer for four minutes
Accordingly, the defendant violated the prohibition of drinking driving and the prohibition of refusal to measure drinking more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Results of viewing CCTV images CD reproduction;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Registers of driver's licenses;
1. Reports on the state of operation without a license, photographs of otobane, internal investigation reports, 112 reports, and photographs; and
1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1), 44 (2) of the Road Traffic Act, the choice of punishment, and Articles 154 subparagraph 2 and 43 of the same Act (the point of non-licensed driving, the choice of fines);
1. Of concurrent crimes, the former part of Article 37, Article 38(1)3 and Article 50 of the Criminal Act shall apply to concurrent crimes;