도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of 6 million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
At around 03:20 on March 1, 2017, the Defendant: (a) received a report in the front of C at Jeju, around 02:30 on the same day, on the grounds that the Defendant shocked a vehicle parked in front of D, and left the site while driving a bomb car at D’s front parking lot on the same day; (b) was controlled on the border G belonging to the Fdistrict at the Dong-dong Police Station in Jeju, which searched the said vehicle; and (c) was driven under the influence of alcohol by the Defendant, such as smelling and drinking on the face of the Defendant who was seated at the driver’s seat.
Even if there is a reasonable ground to determine a person, he/she was requested to comply with the measurement of alcohol by inserting the breath of a drinking measuring instrument in a manner that makes it difficult for him/her to do so, he/she did not comply with the measurement of alcohol without justifiable grounds by refusing the measurement of alcohol over four times in around 03:23, 03:33, 03:43, and 03:53.
Summary of Evidence
1. Statement by the defendant in court;
1. The ledger using sobling measuring instruments;
1. Inquiries about the results of crackdown on driving alcohol;
1. Application of Acts and subordinate statutes to a report on investigation;
1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of Article 334(1) of the Criminal Procedure Act shall be taken into account all the various conditions of sentencing specified in the argument in the instant case. In particular, the following circumstances reflects the following circumstances: The defendant committed the instant crime even though he had a record of being punished for a fine of KRW 3 million due to a violation of the Traffic Act by around 2015, even though he had a record of being punished for a violation of the same Act on the road in around 2015; and