도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
On May 22, 2013, the Defendant was demanded to comply with the drinking test by inserting three minutes a drinking measuring instrument three times between around 30 minutes, on the ground that there are reasonable grounds to recognize the Defendant as driving under the influence of alcohol, such as drinking-free, drinking-free, traffic, and safety slopeD from the Guro Police Station guard, the Defendant’s face and inside of the Defendant, and smelling, etc., while driving a Clearning car in the influence of 90 o-dong Seoul Guro-gu, Guro-gu, Seoul.
Nevertheless, the defendant, without any justifiable reason, failed to comply with the police officer's request for sobage measurement.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes to the records of circumstantial statements of a drinking driver, records of the control of drinking driving, and records of the use of a drinking measuring instrument;
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;
2. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (the fact that the accused is the primary offender, the fact that the accused is aware of the driving under influence of alcohol and repents the wrong facts, and other consideration such as the age, health status, family relationship, etc. of the accused);
3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.
4. Article 334 (1) of the Criminal Procedure Act.