도로교통법위반(음주측정거부)
Defendant shall be punished by a fine not exceeding five million won.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
The Defendant is a person who drives the Dayde B Trace Cargo Vehicles.
At around 16:00 on January 25, 2019, the Defendant, while driving the above cargo in front of the D process located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, shocked the E-Poter Cargo in the signal atmosphere.
As there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a police officer G in the F District of the Cheongju-gu Police Station F District G, and a slope H, in the course of the accident management, by drinking alcohol, and making a red drinking marking as a result of a measurement of drinking alcohol, etc., when the Defendant received a report on the occurrence of a traffic accident and called, the Defendant was demanded by the above police officer to comply with a drinking test four times from 16:45 to 17:01 on the same day, but the Defendant did not comply with the demand of a police officer for a drinking test without justifiable grounds, such as evading a drinking test by drinking, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a manual for control;
1. The application of Acts and subordinate statutes to the notification of the result of crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;