도로교통법위반(음주측정거부)등
Defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 300,000 won.
When the defendant does not pay the above fine.
Punishment of the crime
1. On October 5, 2017, the Defendant, at around 20:06, driven a 110CC on a section of approximately 150 meters from the c cafeteria on the front side of the E-ju shop located in the Kacheon-gun, Chungcheongbuk-gun, B, to the road in D, without a motor device driver’s license.
2. Although the Defendant violated the Guarantee of Automobile Compensation Act, he/she should not operate a motor vehicle on the road, he/she operated the motor vehicle without mandatory insurance at the time and place specified in paragraph (1).
3. Violation of the Road Traffic Act (refluence of drinking), the Defendant, at the time of the day indicated in paragraph 1, was able to fluorize by putting off the leb on the road front of the E main point located in the Yancheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do, and making the lebrat by making the lebal spacing, and making the lebal spacing by going to rest in the rest of the rest of the rest of the rest of the rest of the 112 report.
At that time, a driver was driven while under the influence of alcohol, such as smelling in the Defendant's entrance, sniffing face with red and speaking for questions.
For reasonable reasons to determine a person, the defendant was requested from the above slope G to respond to a drinking test by inserting the whole in a drinking measuring instrument five times for about 17 minutes from that time, but the defendant refused the measurement without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement prepared by H;
1. Each investigation report (the No. 10, 11 of the evidence list) and attached materials;
1. Notification of the results of regulating the driving of drinking alcohol, a statement made under the circumstances of the driver of drinking alcohol, and notification of detection of non-registered misuse;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to photographs refusing to measure drinking;
1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act (the point of refusing to measure drinking and the choice of imprisonment) applicable to the crime, Article 154 subparagraph 2 and Article 154 of the Road Traffic Act.