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
The defendant is the driver of E Carpool vehicle.
On October 22, 2014, the Defendant received a 112 report under the influence of alcohol and received a request for drinking alcohol from G at the horse in front of Silung-si, 00:01 on October 22, 201.
As a result, there are reasonable grounds to recognize that the defendant was driven while under the influence of alcohol, such as appearing in reaction to the sobreath of alcohol, smelling red on the face, etc., and thus, the defendant was demanded to respond to the measurement of drinking at intervals of ten minutes from around 23:41 on October 21, 2014 to October 22, 2001 by inserting the whole in part three times at intervals of ten minutes.
Nevertheless, the defendant 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. Third protocol of interrogation of the accused by the police;
1. The police statement of H;
1. A written statement of I;
1. Report on the circumstantial statement of a drinking driver and the ledger of use of a drinking instruments;
1. On-site photographs and photographs of drinking;
1. Application of CCTV photographs for crime prevention;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;
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;