도로교통법위반(음주측정거부)
The sentence against the accused shall be 5,000,000 won.
When the defendant does not pay the above fine.
Punishment of the crime
On September 13, 2017, at around 06:45, the Defendant driven a motor vehicle while drunkly under the influence of alcohol, such as sniffing and smelling the Defendant from CWD, while driving a B-crack-type cruise motor vehicle in the influence of alcohol at around 06:45, the Defendant driven the motor vehicle in the influence of alcohol.
Even though there are reasonable grounds to determine a person, the person was requested to comply with the measurement of drinking at intervals of five minutes by inserting the whole part of a drinking measuring instrument three times at intervals of five minutes, he/she did not comply with the measurement without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes governing field photographs refusing measurement;
1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.
A favorable normal situation: The defendant has been divided into and reflected in his mistake.
The defendant currently has difficulties in maintaining his/her livelihood as a student.
Unfavorable circumstances: The defendant refused to comply with a police officer's request for measurement of drinking, and the nature of the crime is not good in light of the method of crime.
The defendant has a record of receiving juvenile protective disposition due to drinking driving.