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 November 30, 2014, the Defendant, at around 23:44, did not comply with a police officer’s demand for alcohol alcohol measurement on the part of a police officer, who was under the influence of alcohol at approximately 1 km from the street in front of the Chungcheong Joint Wholesale Market in Chungcheongnam-si, Chungcheongnam-si to E in the same city.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness G;
1. Partial statement of the witness H in the court;
1. Police suspect interrogation protocol of the accused;
1. A written statement prepared in the I;
1. Application of the Acts and subordinate statutes to arrest the occurrence of the case, the report on detection of the host driver, the report on the circumstantial statement of the host driver, the report on the situation of on-site exit, each photograph, and video CD;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act
1. Although the Defendant demanded a police officer to leave from the Defendant’s house to take a drinking test, the Defendant demanded a police officer to take a drinking test without leaving the house, this is an unlawful act of performing official duties, and thus, the Defendant refused a drinking test lawfully.
2. The crime of non-compliance with the measurement of alcohol under Article 148-2 (1) 2 of the Road Traffic Act is established when a person who has reasonable grounds to be recognized as being under the influence of alcohol fails to comply with the measurement by a police officer under Article 44 (2) of the same Act. In light of the aforementioned provisions, in light of the objective circumstances at the time of the request for a measurement of alcohol, there are reasonable grounds to recognize that a driver has driven a motor vehicle under the influence of alcohol, and it is not clear that it is impossible to confirm whether a driver has driven a motor vehicle under the influence of alcohol by an ex post facto measurement of alcohol.