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 January 19, 2017, the Defendant, while under the influence of alcohol at around 22:30 on January 19, 2017, was driving a Gpoter Ⅱ cargo vehicle from the Do in front of the festival site in Scheon City to the F. E., at about 1km section.
Around 112 report, 112 reported that she would not know she would drive under the influence of alcohol by the Defendant, such as snicking, snicking, snicking, snicking, red, booming, and cnicking of the body of the Defendant from the police box guard of the Mapocheon Police Station called on the spot.
Even though a person has received a request for the measurement of alcohol by inserting the breath of alcohol in a breath of 23:47 on the same day, he/she did not comply with a police officer's measurement of alcohol without good cause, such as refusal to measure the first alcohol in around 23:57 on the same day, refusal to measure the second alcohol in around 23:57 on the same day, refusal to measure the second alcohol in around 00:07 on the following day.
Summary of Evidence
1. Legal statement of a witness I;
1. Statement of the circumstances of the driver involved in driving;
1. The defendant and his defense counsel reported an accident at 112 because he did not know the way to go to the house at the time of the instant case, and the police officer demanded the measurement of drinking rather than taking proper measures. The police officer argues that the defendant's refusal to perform his duty is not a legitimate official duty, and thus, the defendant cannot be punished.
However, the defendant voluntarily reported 112 in order to request help.
The police officer called up at the time was driven under the influence of alcohol by the defendant.
Inasmuch as there are reasonable grounds to determine a person, demanding a measurement of drinking is a legitimate performance of duty, and such refusal cannot be deemed as a legitimate act or a legitimate defense, and thus, the above assertion is rejected.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;