도로교통법위반(음주측정거부)등
Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. On February 5, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a D motor vehicle at a section of about 500 meters from the front of a cafeteria near the Jin-si market, which is located on the central road of the Jin-si market, to the front of the “C” located in the same city B, without obtaining a driver’s license on February 5, 2016.
2. Violation of the Road Traffic Act (Refusal of measurement of drinking), Defendant 1 driven under the influence of alcohol on the road prior to the “C” as stated in paragraph (1) above at the time specified in paragraph (1) above, and on the road, Defendant 12 reported that the driver of the said D vehicle driving by the Defendant is suspected of driving under the influence of alcohol. Defendant 2 driven under the influence of alcohol from E, a policeman belonging to the police station south-nam, who called up after receiving a report that the driver of the said D vehicle driving is suspected of driving under the influence of alcohol, such as
There are reasonable grounds to determine a seal, and from 13:06 to 13:26 of the same day, it was demanded to respond to the measurement of alcohol by inserting the whole influence of a drinking measuring instrument three times on the same day.
Nevertheless, the defendant refused to comply with a police officer's request for a measurement of breath without any justifiable reason by refusing such request for a measurement.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the ledger of use of drinking meters, the report on the circumstances of the driver of a driving school, field photographs, and the ledger of driver's licenses;
1. Relevant legal provisions concerning the crime, Articles 148-2(1)2, 44(2) (a) of the Road Traffic Act, Article 152 subparag. 1, and 43 of the Road Traffic Act (a non-licenseed driving), the choice of fines for the crime of this case, except for the crime of drinking in 2014 and the crime of drinking in 2014, shall be taken into account;
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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;