도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
On March 16, 2013, at around 00:50 on March 16, 2013, the Defendant reported 112 on the same day that “I am late at the time when I am in the vehicle,” and observed F Zone F Zone G of the Ulsan-dong Police Station, Ulsan-dong Police Station, which was called to the E-ray parking lot located in Ulsan-dong, Ulsan-gu, Seoul-do, and that I am a 50cm drive the Defendant’s Hststam car at a size of 50cm, while I am under the control of the Defendant, while I am under the control of the Defendant, I am the Defendant, and requested the Defendant to present his identification card on the ground that I am under the influence of alcohol and carried out drinking. However, the Defendant failed to comply with this properly.
G notified the defendant that he is suspected of drinking driving and requested the police station to take a drinking test because he did not have a drinking test at the site. The defendant first rejected it but subsequently responded to it.
On the same day, the Defendant was requested to comply with a drinking test by inserting approximately 30 minutes in a manner of putting the breath of a drinking measuring instrument into a drinking measuring instrument between approximately 0:41, around 02:01, around 02:13, and around 02:23, the Defendant refused to comply with a police officer’s request for a drinking test without justifiable grounds.
Summary of Evidence
1. Each testimony made by a witness G or I (the recognition of each of the credibility in light of the existence, consistency, the details, etc. of each statement);
1. Partial testimony of the witnessJ;
1. Application of Acts and subordinate statutes to the written report on circumstantial statements of a host driver;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The Defendant, at the time of the instant case, did not drive an automobile at the time, and the Defendant, without satisfying the requirements for voluntary driving, requested a drinking test while illegal arrest.