도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On August 3, 2014, at around 18:40 on August 3, 2014, the Defendant driving a B SP car and driving it on the front road of the DP in Busan Gangseo-gu, and caused a contact accident with the E rocketing taxi for business use.
On August 3, 2014, at around 20:29, the Defendant was required to respond to the drinking test by inserting approximately 30 minutes of the alcohol measuring instrument into a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as snow and face, red and smelling, while undergoing an investigation into the said traffic accident at the Busan Gangseo Police Station Office.
Nevertheless, the defendant did not take a sobreath test and did not comply with a police officer's request for a sobreath test without any justifiable reason while avoiding a sobreath test.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. Report on the circumstances of the driving of a motor vehicle;
1. A report on detection of a host driver;
1. A report on investigation;
1. Application of the photographic Acts and subordinate statutes;
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;
1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;