도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
Police officers recognize that it is necessary for traffic safety and prevention of danger, or have driven a motor vehicle under the influence of alcohol.
When there is a reasonable ground to designate a person, a driver may take a breath test to determine whether he/she is drunk, and in such cases, the driver shall comply with the breath test of a police officer.
Nevertheless, on March 29, 2017, from around 22:24 to 22:55 on the same day, the Defendant driven the above road while under the influence of alcohol by the Defendant, such as being in a state of smelling and smelling from the Defendant on the front of Eunpyeong-gu Seoul, and having a red face.
Since there was a considerable reason to determine the person, police officers C, who belong to the Seoul Western Police Station, tried to measure the breath alcohol of the defendant as the breath test, but did not comply with the measurement without good cause.
Summary of Evidence
1. The legal statement of the witness C;
1. The arrest report of the case, inquiry of the results of crackdown on drinking driving, report on the situation of the driver in charge, and the application of the statutes governing video CDs;
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The summary of the argument is that the Defendant responded to the measurement of drinking by the respiratory measuring instrument four times as required by the police officer on the day of the instant case. Nevertheless, the alcohol concentration in the blood transfusion was not measured on the ground of Masonnson.
Therefore, although the defendant demanded the measurement of blood collection, the police officer rejected the request.
Therefore, the defendant refused to take a drinking test.
shall not be deemed to exist.
2. Determination