도로교통법위반(음주측정거부)등
1. The defendant shall be punished by imprisonment for six months and a fine of three hundred thousand won;
2.Provided, That the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 24, 2015, the Defendant was sentenced to a fine of 300,000 won for a violation of the Road Traffic Act (unlicensed driving) at the Daejeon District Court on September 24, 2015, and was punished for a violation of the Road Traffic Act (unlicensed driving) and a violation of the Road Traffic Act (driving driving).
1. On April 2, 2018, the Defendant operated a non-registered motor bicycle without obtaining a motor device bicycle license from the front side of the “D” to the front side of the F. E in the Taedong-gu Seoul Special Wartime around 14:50 on April 2, 2018 without obtaining a motor device bicycle license from around 15 meters from the front side of the “D” to the front side of the F.
2. On April 2, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol, drinking on the front of the “F” set forth in the preceding port prior to around April 15:27, 2018, when receiving a report that the Defendant “F shall interfere with the drinking, getting on and off a stove, and passing on a stove.”
Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.
Nevertheless, the Defendant refused to take a sobreath test and failed to comply with a police officer’s request for a measurement of drinking without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial report of the driver at the main place of business, photographs, and control records;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act, which provide for no license or punishment;
1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;
1. Reduction of a small amount of punishment (with respect to imprisonment) Articles 53 and 55 (1) 3 of the Criminal Act;
1. Article 62(1) of the Criminal Code of the Suspension of Execution (in the case of a non-licenseed driving, two times or more due to drinking driving).