beta
(영문) 수원지방법원 성남지원 2016.08.17 2016고단1241

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 19, 2016, the Defendant driven a Cheong-burged car in front of the Cheong-dong 225, Gyeonggi-gu, Gwangju-si, 2016, with drinking on the front of the Cheong-dong 225, while driving the car under the influence of alcohol by a private person, who belongs to the Gyeonggi-gu Police Station, from the private person, to the Defendant, such as smelling alcohol and scaring red on the face.

For about 30 minutes of time, there was a reasonable reason to determine a person, which was demanded to respond to the measurement of drinking by inserting the whole in four minutes of drinking.

Nevertheless, the defendant refused to take a drinking test and failed to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving, notification of the results of crackdown on drinking driving, and application of Acts and subordinate statutes to photographs refusing measurement;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Selection of a fine shall be made by taking into account the records of violation of road traffic laws due to driving of alcohol on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the distance from driving alcohol, the circumstances leading to the instant act, etc., and the punishment shall be determined as per the order;