도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.
When the defendant does not pay the above fine.
Punishment of the crime
[criminal power] On August 5, 2016, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the original Chuncheon District Court’s Branch on August 5, 2016, and on June 8, 2018, the Defendant was sentenced to a fine of KRW 5 million for the same crime in the same court.
【Criminal Facts】
1. On April 18, 2020, the Defendant violated the Road Traffic Act (refluence of the measurement) at around 18:45, 2020, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument four times in total from around 19:00 on the same day to around 19:15, in spite of the fact that the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument four times in total, in spite of having received a report on the shock of a motor bicycle CCA110 motor vehicle (the displacement 108C) parked at the site after being informed of the shocking the parked vehicle.
As a result, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds despite his/her past record of punishment for drinking driving.
2. On the date specified in paragraph (1), the Defendant driven a motorcycle specified in paragraph (1) without a motorcycle driver’s license in the section of about 20 meters from the nearest road of the Gangwon-si to the nearest road of the Gangwon-si in the Gangwon-si.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. On-site photographs of the register of driver's licenses, etc. (A) notification as a result of drinking control;
1. Records of judgment: Inquiry report, investigation report (verification of the same kind of power), summary order, one copy of summary order, and application of one copy of judgment under Acts and subordinate statutes;
1. Relevant provisions of the Act and Articles 148-2(1) and 44(1) and (2) of the Road Traffic Act concerning criminal facts, the choice of punishment, and the provision of subparagraph 2 of Article 154 of the Road Traffic Act (the refusal of the measurement of drinking and the choice of imprisonment).