beta
(영문) 서울서부지방법원 2019.05.16 2019고단572

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

At around 04:30 on December 2, 2018, the Defendant reported 112 to a witness who operated a F Ra car from the front of the C cafeteria located in Eunpyeong-gu Seoul Metropolitan Government to the same Gu D and the front of the E Hospital.

Therefore, since there are reasonable grounds to recognize that H and police officers in the G District who were called up after receiving 112 reports were driving under the influence of alcohol, such as smelling and smelling red on the face of the Defendant, etc., the Defendant refused this request, and subsequently, the Defendant was forced to comply with the measurement of alcohol by inserting it four times between 06:12 and 06:27 of the same day.

Nevertheless, the Defendant did not comply with a police officer’s request for a alcohol test without justifiable grounds while driving the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant legal provisions concerning facts constituting an offense and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Consideration of fines and one time of fines, etc., taking into account the fact that a person does not have the same criminal record except for the selection of fines);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;