도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for a term of eight months and a fine of two hundred thousand won.
When the defendant does not pay the above fine.
Punishment of the crime
1. On April 1, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a obane without a number plate from the front side of the Southern-gun, Chungcheongnam-gun, Seoul Special Self-Governing Village to the front side of the same Eup/Myeon, which is located in the same Eup/Myeon, without a motor device bicycle license, on April 1, 2017.
2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) was a person holding Oral Ba, without any number plates as set forth in paragraph (1); (b) was driving the said Oral Ba, which was not covered by mandatory insurance, at the date and time set forth in paragraph (1).
3. Violation of the Road Traffic Act (refluence of measurement) caused a traffic accident while driving an Ortop without a license plate in the form of drinking alcohol on the fluenced side of the Dog Seo-gu, Seo-gu, Seoul Special Metropolitan City, which entered paragraph (1) at the time limit set forth in paragraph (1), and receiving a report 112 and receiving a request for voluntary accompanying from D by the fluor D belonging to the 112 police station, and subsequently driving under the influence of alcohol by the Defendant, such as smelling alcohol and snicking on the face.
Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the divers of drinking over about 44 minutes into the divers of drinking.
Nevertheless, the Defendant avoided the alcohol testing method as soon as possible, and failed to comply with the police officer’s request for alcohol testing without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. An investigation report (with respect to the situation of the dispatch of the site and the reason why the refusal to measure drinking is made);
1. Notification of the results of crackdown on drinking driving, the ledger of driver's licenses, and the application of mandatory insurance-related Acts and subordinate statutes;
1. Article 154 subparag. 2 and Article 43 of the Road Traffic Act (the point of operating a motor device bicycle without obtaining a license for bicycle riding) regarding criminal facts, Article 46 subparag. 2 of the Guarantee of Automobile Compensation Act, the main text of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile with no mandatory insurance, the choice of imprisonment) and Article 148-2 subparag. 1 of the Road Traffic Act.