도로교통법위반(음주측정거부)등
Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of three hundred thousand won.
The defendant does not pay the above fine.
Punishment of the crime
1. On September 30, 2017, the Defendant was demanded to respond to the measurement of alcohol in a manner of inserting the breath of alcohol, on the ground that he was found to have driven a bicycle under the influence of alcohol by driving a FCA 110S engine device and driving a bicycle to the patrol, and driving it on the breath of Chuncheon City, B, and around 112, after receiving a report from 112.
그럼에도 피고인은 약 20 분간 3회에 걸쳐 음주측정기에 코로 바람을 내뿜으면서 입으로는 부는 시늉만 하는 방법으로 회피하여, 정당한 이유 없이 경찰공무원의 음주 측정에 응하지 아니하였다.
2. On September 30, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Compensation Security Act (hereinafter “FCA110S bicycle”), without obtaining a motor device bicycle license from around four meters prior to the Chuncheon-si, Chuncheon-si, B, and without obtaining a motor device license from the Defendant who did not purchase mandatory insurance.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the situation of driving at home, report on the situation of driving without a driver's license, report on the situation of the driver at home, investigation report (report on the situation of the driver at home), inquiry into the results of regulating the driving of drinking alcohol, investigation report (Arrest of a flagrant offender refusing to take a drinking alcohol measurement), photographs related to non-performance of alcohol measurement, field photographs of vehicles which are not mandatory insurance, investigation report (related to non-performance of mandatory insurance), copy of the driver's license ledger, and application of Acts and subordinate statutes
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the choice of imprisonment), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the point of non-licenseless driving, the selection of fines), Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Compensation Act (the point of driving a motor vehicle which is not mandatory insurance, the choice of imprisonment with prison labor);
1. Article 37 (former part of Article 37, Article 38 (1) 2 and 3, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.