2014 Highest 1649 Violation of the Road Traffic Act (Refusal of measurement) and the Road Traffic Act

(Unlicensed Driving)

A

South Korean Wars (prosecutions) and stuffed iron;

Attorney B

January 28, 2015

Defendant shall be punished by a fine of KRW 8,000,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting KRW 100,000 into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

1. Violation of the Road Traffic Act;

On September 14, 2014, the Defendant, at around 17:40, started drinking with C C C in his/her place of residence and went about about 4 km, brought a traffic accident in front of the Gambling in the Gamba Eup in the Gambae-gu in Jeju City.

Although there are reasonable grounds to believe that the defendant was driven under the influence of alcohol, such as being snickly snicked and snicked by the defendant from the slope E belonging to the Jeju Police Station, which called the scene, the defendant refused to comply with the police officer's lawful request for the measurement of alcohol without justifiable grounds by denying the driving of alcohol at intervals of 18:29 through 18:49 on three occasions at intervals of 10 minutes, despite the fact that the defendant was demanded to comply with the measurement of alcohol, while avoiding the demand for the measurement of alcohol at intervals of 18:29 to 10:49.

2. Violation of the Road Traffic Act;

On September 14, 2014, at around 17:35, the Defendant driven a C stife car without obtaining a driver’s license from a section of about 4 km from around the F house in Jeju-si to the road in the same Eup/Myeon-ri, the same day from around 17:40 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, inquiry into the results of the crackdown on drinking driving, and the circumstantial report of drinking drivers;

1. Application of Acts and subordinate statutes to a license ledger, chassis, and mandatory insurance bureau;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (a refusal to measure the noise level), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a point of driving without a license), the selection of each fine

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Articles 38(1)2 and 50 (only to the extent that the sum of multiple amounts is aggregated) of the Criminal Act;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334 (1) of the Criminal Procedure Act has the history of being punished three times due to drunk driving for the reason of sentencing, and the suspended sentence is imposed for a violation of the Act on the Management and Use of Livestock Excreta, and the crime has been committed during the suspended sentence.

Judges So-young