도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of KRW 3,000,000.
Where the defendant does not pay a fine, 100,000 won shall be one day.
Punishment of the crime
On October 28, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant and smelling red on the face, while driving a motor vehicle for E-Korean cruise while drinking the front road in front of the D, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, and driving the motor vehicle for E-Korean cruise with drinking by G from the superintendent of the police box belonging to the police box.
There is a reasonable reason to determine a person, so it was demanded to respond to the measurement of drinking by inserting three times in a so-called drinking measuring instrument three times between about 15 minutes.
Nevertheless, the Defendant did not put the breath of a drinking measuring instrument into the breath, breath of the breath of the breath, and avoided it in a short period of not less than three seconds, and did not comply with a police officer’s request for a measurement of drinking without good cause.
Summary of Evidence
1. The defendant's legal statement (the third public trial date);
1. Report on the circumstances of a driver who is to drive a drinking, investigation report (report on the circumstances of the driver who is to drive a drinking), notification on the results of regulating the driving of drinking, and report on the investigation
1. Application of statutes on field photographs;
1. Relevant Article and Articles 148-2 (1) 2 and 44 (2) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the background and developments leading up to the instant crime; (b) the criminal records of the Defendant’s criminal punishment; and (c) the Defendant’s attitude in this Court.