도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On February 9, 2018, at around 07:43, the Defendant driven a motor vehicle under the influence of alcohol in front of Dobong-gu Seoul Special Metropolitan City, Nowon-gu's main road located near the main road of the Dong-dong in Seoul Special Metropolitan City to the front parking lot of Dobong-gu, Seoul, which is the Defendant's residence, and "the driving of drinking is doubtful" upon receipt of a witness's 112 report, the Defendant driven the motor vehicle under the influence of alcohol by drinking from E and one other than E, who was dispatched to the above B B-dong parking lot.
There are reasonable grounds to determine a seal, and it was demanded to respond to the measurement of alcohol by inserting four minutes from around 09:00 to around 09:15 on the same day by inserting the whole in a drinking measuring instrument four times.
Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the driver at home);
1. Inquiries about the results of crackdown on driving drinking and photographs of the control site;
1. Results of investigation reports (request for measurement of suspect's drinking alcohol) and measurement of drinking;
1. Investigation report (Analysis of cambling images of vehicles), CDs, such as vehicles cambling images, etc.;
1. CCTV images CDs for crime prevention;
1. Application of the Acts and subordinate statutes governing the handling of investigative reports (112 reporters' telephone communications) and 112 reported cases;
1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning facts constituting a crime, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;