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
On February 4, 2016, from around 21:20 to 21:50 the same day, the Defendant was unable to comply with the police officer’s request for the measurement of drinking alcohol without justifiable grounds despite receiving a request from the police officer who belongs to the relevant police officer for the measurement of drinking alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driving of the D-wing and freight vehicle from the 26 village-ro 19:20 on the face of the aptitude of the Chungcheongbuk-gun in the Chungcheongbuk-gun in the face of the same day to the 19:20 on the same day.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and F;
1. The police statement concerning G;
1. A report on detection of a host driver, a report on the circumstantial statement of a host driver, a report on internal investigation (excluding the G portion), a report on internal investigation (excluding the director general and the contents of telephone conversations);
1. The defendant's refusal to take a alcohol level (the defendant and his defense counsel had a 2 remaining and driven by the defendant. However, the police officer's request for a alcohol level and to take a alcohol level level much much higher than the actual blood alcohol level at the time of driving because the police officer was found to find the accident site and demanded a alcohol level and conducted a alcohol level measurement, so there was a justifiable reason for refusal to take a alcohol level. However, considering the following circumstances revealed by the above evidence, it cannot be said that there was a justifiable reason for the defendant to refuse to take a alcohol level. The police officer and the F did not have a legitimate reason for refusing to take a alcohol level. After receiving the report that "the driver of the above cargo vehicle driven the above cargo vehicle driven by the driver of the above cargo vehicle while driving the vehicle by drinking the above cargo vehicle", the police officer found the accident site and found the driver's notification of the above cargo driver's failure to take a alcohol level and found the accident of the defendant's vehicle.
Police officers are driving the Defendant under the influence of alcohol.