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A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.
If the defendant does not pay the above fine, 100.
Reasons
Punishment of the crime
On May 2, 2008, the Defendant was issued a summary order of KRW 500,000 as a fine for a crime of road traffic (drinking driving) at the Jinwon District Court's Jinju branch on May 2, 2008, and on December 5, 2012, the same court issued a summary order of KRW 300,000 as a fine for a crime of road traffic (dacting driving). On April 6, 2017, the same court issued a summary order of KRW 3 million as a crime of violation of Road Traffic Act (dacting driving) and a violation of Road Traffic Act (dacting driving).
1. On June 2, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving the E-to-land without obtaining a driver’s license from the Do in front of the residence of the Defendant in Jinju-si B, Jin-si, Seoul, to the front road of the D middle school located in C, around approximately 200 meters.
2. Violation of the Traffic Act (Refusal of measurement of drinking), Defendant 1 driven a motor vehicle while drunkly under the influence of alcohol, such as drinking, in an inaccurate and inaccurate face, from G at the seat of the F District Zone belonging to the police station in the Gyeongnam-gu, Jinnam-do, the Defendant 2 driven a motor vehicle while drinking alcohol at the above time, at the same place, and driving a motor vehicle with the center line while drinking alcohol.
Since there are reasonable grounds to determine a person, it was demanded to respond to the measurement of alcohol by inserting approximately 15 minutes in a drinking measuring instrument from the F District of the Police Station in J in the same city.
Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing by refusing to put the breath in a drinking measuring instrument, without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Photographs refusing to measure;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Subparagraph 2 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, and Article 148-2 (1) 2 and Article 44 (2) of the same Act (Refusal of measurement of drinking alcohol and choice of imprisonment);
1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;