Text
Defendant shall be punished by a fine of KRW 13,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her defense right, the facts charged are recognized as criminal facts.
[Criminal Power] On August 23, 2019, the Defendant was issued a summary order of KRW 6,00,000 as a fine for a violation of the Road Traffic Act.
【Criminal Facts】
1. Around 02:14 June 28, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a motor vehicle with C Mazon Co., Ltd. without obtaining a driver's license in the section of about 2 km from the Mazon-dong Nonco., Gangnam-gu Seoul Metropolitan Government to the roads of three lanes in front B in front of the same Gu.
2. Around 02:45 of the same day, the Defendant violated the Road Traffic Act (refluence of the measurement) was subject to the crackdown on drunk driving from the police officer D and E, a police officer belonging to the Seoul Gangnam Police Station.
At the time, the Defendant was seated in the driver’s seat of the said vehicle stopped on one-lane of the above roads, and there were reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the reduction of drinking reaction in the test by a drinking reductionr at around 02:45, and was demanded from D and E to 03:14 on the same day to respond to a drinking test by inserting a total of three times from about 02:56 to about 03:14 on the same day.
그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하는 등 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.
As a result, the Defendant violated the prohibition of drinking driving or drinking refusal to take a drinking test more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;
1. On-site photographic driver's license register;
1. Video CDs for which measurement is refused;
1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (presidential records and one time), and other Acts and subordinate statutes;
1. Relevant Article of the Act and subparagraph 1 of Article 152 of the Road Traffic Act, the choice of punishment for the crime, and Article 43 of the Road Traffic Act;