도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On January 8, 2020, at around 05:35, the Defendant was required to comply with a drinking test by inserting the DoW car into a drinking measuring instrument three minutes from around 05:50 of the same day to around 06:18 of the same day by inserting the 112-report after the Defendant was involved in an accident involving road seat seat while driving the DoW car from the front of the Yeonsu-gu Incheon Metropolitan City to the front of the Gu apartment of the Gu apartment. The Defendant was required to comply with the drinking test by inserting it into a drinking measuring instrument three minutes from around 05:50 of the same day to around 06:18.
Nevertheless, the defendant, by refusing to put the whole in a drinking measuring instrument, failed to comply with a police officer's request for a drinking test without any justifiable reason.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the selection of fines, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant did not comply with the police’s legitimate request for measurement of alcohol even though he/she was involved in driving in the state of his/her driving, and thus, the Defendant’s act should be criticized.
However, considering the fact that one's mistake appears to reflect his mistake, it is an initial crime without a previous conviction as a favorable factor, and other factors of sentencing under Article 51 of the Criminal Act, which are shown in the records of this case, such as the age, character, conduct and environment of the defendant, shall be determined as ordered.