도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On September 14, 2016, at around 02:20, the Defendant was required to comply with a drinking test by inserting approximately 50 minutes of a drinking measuring instrument from an slope G belonging to the National Police Department of the South Southern-gu Police Station, which received 112 report, while driving a D'a car in front of the Daegu-gu CGra, Daegu-gu, and parked in the place.
At the time, the Defendant had talked about H and traffic accidents, which were the owners of the said sirens car, in front of the said car stopped, and had a considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as by reding on the face.
Nevertheless, the Defendant did not put the whole in a drinking measuring instrument, and avoided a drinking test, and did not comply with a police officer’s request for a drinking test without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. A H statement;
1. A report on the occurrence of a traffic accident, an accident site photograph, and an actual condition survey report;
1. On-going driving reports, reports on the state of the drinking driver, and inquiry into the results of the regulation of drinking driving;
1. A copy of the register of drinking meters; and
1. Application of Acts and subordinate statutes to investigation reports (A traffic accident related), report on internal investigation (as to hearing of statements by witnesses of an accident by telephone), report on internal investigation (as to refusal to measure sound records)
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 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;