도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[criminal power] On December 17, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Changwon District Court on December 17, 2007. On November 16, 2009, the Defendant was issued a summary order of KRW 2 million for the same crime at the same court.
【Criminal Facts】
On October 18, 2019, at around 03:32, 03:32, the Defendant was demanded to respond to the measurement of drinking alcohol by inserting the Defendant’s blood color into a drinking measuring instrument three times between the police officer E, who is a police officer belonging to the above police box, and the Defendant was parked in the front of the above police box, and there was considerable reason to recognize that the Defendant was driven under the influence of alcohol, due to the circumstance that the Defendant was parked in the front of the above police box, etc., after the Defendant’s blood color was red, walked, walked, and failed to speak properly, and the Defendant was demanded to comply with the measurement of drinking alcohol by inserting it into a drinking measuring instrument three times on the same day from around 03:43 to 04:26 of the same day.
그러나 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 등의 방법으로 경찰공무원의 음주측정 요구에 응하지 아니하였다.
Accordingly, the defendant did not comply with a police officer's request for the measurement of alcohol at least twice in violation of Article 44 (1) or (2) of the Road Traffic Act.
Summary of Evidence
1. Defendant's legal statement;
1. Criminal land, report on the situation of driving under the direction of the State, report on the situation of the driver under the direction of the State, photographs, site photographs, satellite photographs, F CCTV photographs, and each investigation report (Evidence Nos. 8, 11, 13, 19, 21);
1. Previous convictions in judgment: Application of two copies of a statement of criminal records, a copy of a summary order, etc.;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (2) of the Road Traffic Act, the choice of fines, and the selection of fines;
1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the status of the defendant at the time of driving of the instant case, and the previous punishment records of the defendant.