Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On July 20, 2018, the Defendant, as a holder of a non-registered 125CC mixed fluor, operated the above fluort with approximately KRW 1 km driving on the front road located in Gangseo-gu Busan, Gangseo-gu, Busan, on July 20, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to photographs of accident vehicles and field photographs;

1. Relevant Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense (the point of operation without mandatory insurance);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Parts of the offense under Article 334 (1) of the Criminal Procedure Act against the provisional payment order;

1. On July 20, 2018, the Defendant was required to respond to a drinking test by inserting alcohol into a drinking measuring instrument for about 15 minutes on July 20, 2018, on the road located in Gangseo-gu Busan Metropolitan City, while driving a mixed 125CC lutob on the front side of the C in Gangseo-gu Busan Metropolitan City, due to an accident involving car and contact. On the same day, at around 22:35, the Defendant sent back to the emergency room of the E Hospital located in Seo-gu Busan Metropolitan City, and then, at around 2:35, the Defendant was required to comply with the drinking test by inserting alcohol into a drinking measuring instrument for about 15 minutes.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

2. In a case where there is a considerable reason to recognize that a driver has driven a motor vehicle, etc. while under the influence of alcohol, police officers may measure the pulmonary measuring instrument whether the driver is under the influence of alcohol, and the driver is obliged to comply with the measurement, but it is also impossible or extremely difficult to measure the pulmonary measuring instrument due to any reason such as a driver’s physical disorder; and