도로교통법위반(음주측정거부)등
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. Around 23:30 on April 16, 2015, the Defendant driven a motor vehicle without registration in front of the apartment on the 79 Jin-dong, New-dong, New-dong, Gindong, Gin-gu, Seocheon-gu, Seocheon-do.
The Defendant, on the ground of the Defendant’s failure to wear a safety cap, was under the influence of alcohol, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, and showing the reaction to a drinking reduction, etc., on the ground that the Defendant was under the influence of alcohol, and was demanded from 23:36 to 0:25 of the following day to comply with the breath measurement by inserting the whole breath of a drinking measuring instrument three minutes from around 50 minutes on the following day.
피고인은 그럼에도 불구하고 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.
2. At the same time as the above violation of the Guarantee of Automobile Accident Compensation Act, a vehicle is operated not by mandatory insurance at approximately 500 meters away from the enforcement point of the vehicle on the front of the Seocheon-gu, Nowon-gu, Seoul Special Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the regulation of drinking driving, the report on the status of driving under driving under the influence of alcohol, the register of measuring instruments for drinking, and each investigation report;
1. Application of the video Acts and subordinate statutes to photographs and videos;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure alcoholic beverages), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the selection of fines, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;