도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of KRW 15,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Criminal facts
Some of the facts charged were corrected.
On June 20, 2016, the defendant received a summary order of KRW 3 million from the Suwon District Court for the violation of the Road Traffic Act.
Nevertheless, on September 10, 2019, the Defendant reported at the entrance of the parking lot for the building B in Sungnam-si, Sungnam-si, to the effect that “the driver’s drinking is doubtful while a traffic accident has occurred”, the Defendant was unable to comply with a drinking test by a police officer without justifiable grounds, even though he was requested to comply with a drinking test by inserting it in a manner of inserting it into each drinking measuring machine at around 02:00 on the same day, around 02:12, and around 02:26 on September 10, 2019, under the influence of alcohol, such as that the Defendant was able to recognize that the Defendant was driving of the EM5 vehicle under the influence of alcohol, such as breading red on the face of the Defendant and breading the snow, and the response to drinking in the drinking-free test.
Accordingly, the defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (report on the circumstances), internal investigation report, on-site photographs (23 pages of investigation records);
1. Application of criminal records, reply reports (in the form of 63 pages of investigation records), summary order (in the form of 66 pages) Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act that choose the penalty for a crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, did not comply with the police officer’s breath test after receiving a report on 112 after the vehicle was parked while driving a vehicle after drinking again, even though he had a record of being punished by a fine due to a drunk driving around 2016.
This is mainly considered in light of the circumstances, but it shows the attitude of recognizing and opposing the defendant's wrong, and there is no criminal power other than the above criminal record against the defendant.