도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On July 28, 2017, at around 00:00, the Defendant caused an accident in which the Defendant driven a Fropt gate while drinking alcohol from “D cafeteria” located behind the Seogu Daegu apartment to around 00:22 of the same day.
Accordingly, the police officer of the Seogu Seo-gu Police Station G District was dispatched to the accident scene by H.
Defendant 1 driven while under the influence of alcohol, such as fluoring that he does not know about the place of drinking and memory with respect to the question of the above H at the place of the above accident, and fluoring that she was under the influence of alcohol, fluoring that she was in a fluorous state of walking and
There are reasonable grounds to determine a person, and even if requested by the above H to comply with the alcohol testing method by inserting the whole of the drinking meters from around 00:22 of the same day to 01:00 of the same day, the police officer did not comply with a police officer’s request for alcohol testing four times without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Arrest report of a suspect in violation of the traffic laws on roads;
1. The detailed statement report, investigation report (report on the situation of the driver in charge of drinking), notification of the result of the crackdown on drinking, and the application of Acts and subordinate statutes to the ledger using a drinking measuring instrument;
1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;
1. Article 53 and Article 55(1)6 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 2006Da14488, Apr. 1, 2006) (see, 200Da1248, Apr. 2, 201)
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;