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
On August 13, 2015, at the vicinity of LH business place located in Kimpo-si, Kimpo-si, Kimpo-si, around 01:45, the Defendant driven a motor vehicle under the influence of alcohol, and around 02:13 on the same day, the Defendant driven the motor vehicle under the influence of alcohol by the Defendant, such as the following: (a) around 02:13, the above D apartment 112-dong 901-dong 112-dong 901, the Defendant 112-dong 901, with a red color, with a string, with a string, and the string distance.
have reasonable grounds to determine that there is a reasonable
To the extent that it does not affect the exercise of the Defendant’s right to defense, the facts charged are acknowledged by organizing the facts charged as follows (the “sloping H” recorded in the facts charged is clear that the prosecutor applied for H as a witness at the second trial date, but the prosecutor verbally changed the application for witness to G according to the attorney’s point of view) to the extent that it does not affect the Defendant’s exercise of the Defendant’s right to defense, as follows:
It was demanded three times to respond to the measurement of alcohol between about 30 minutes.
Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds.
[Judgment on the argument by the defendant and his defense counsel] The defendant and his defense counsel are under the influence of alcohol at the time of the request for the measurement of alcohol in this case
that there was no "reasonable reason to determine"
abb. The offense of refusing to measure drinking under Article 148-2 (1) 2 of the Road Traffic Act is under the influence of alcohol.
A person who has a reasonable ground to be appointed is established when he/she fails to comply with the measurement by a police officer pursuant to Article 44 (2) of the same Act. In light of the provisions of Article 44 (2) of the same Act, in full view of the objective circumstances at the time of the request for a measurement of drinking, a driver has driven a motor vehicle while under the influence of alcohol.
When there is a reasonable ground to determine a person and it is necessary to confirm whether a driver has driven alcohol.