도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.
If the defendant does not pay the above fine, 100.
Punishment of the crime
The Defendant, at the Daegu District Court, has a record of being notified of a summary order of KRW 1 million on July 28, 2010, and a summary order of KRW 3 million on November 17, 2010, and is the owner of B CT100, a motorcycle.
1. On October 25, 2019, at around 14:55, the Defendant was under the influence of alcohol while driving the said motorcycle and driving the said motorcycle on the roads in front of Daegu North-gu C, and the occurrence of a motor vehicle accident and the motor vehicle of D's Efolator. On the same day, the Defendant was demanded several times to respond to the measurement of alcohol by inserting the fluor of alcohol in a manner of inserting it into the fluor of alcohol on the Defendant's face, such as smelling alcohol at the Defendant's entrance, smelling on the face, etc. from the circumstances belonging to the Daegu Gangseo-gu Police Station called to the site.
Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.
Accordingly, the defendant violated Article 44 (1) and (2) of the Road Traffic Act not less than twice.
2. Around 14:55 on October 25, 2019, the Defendant operated the said motorcycle without obtaining a driver’s license from the Do in the G market in Daegu Northern-gu to the Do in front of C, about 100 meters from the Do in front of C.
3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;
Nevertheless, around 14:55 on October 25, 2019, the Defendant operated the above motorcycle that was not covered by mandatory insurance at approximately 100 meters away from the Do in front of the G market in Daegu Northern-gu to C front roads.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Report on the statement of the situation of the driver, and report on police investigation (on the face of refusal to measure the sound);
1. The ledger of driver's licenses for motor vehicles and the disqualifications for the main office;