도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On July 5, 2010, the Defendant received a summary order of KRW 1,200,00 from the Seoul Central District Court as a crime of violation of the Road Traffic Act.
On July 30, 2020, from around 02:40 to 03:00, the Defendant: (a) had had had a number plate and wheelchairs from the outer cycle road of Chonam-dong, Sinsan-do to the front road of the members of Ansan-si, Ansan-si, the head of Sinsan-si, through an Ansan-si, the head of Sinsan-si, the head of Sinsan-si, and had the witness reported the suspicion of drunk driving.
Accordingly, the defendant found the defendant who is faced by police officers D, etc. belonging to the Gyeonggi-si Police Station C police box of the Gyeonggi-gu Police Station of the Gyeonggi-si, Ansan-si, and there are reasonable grounds to regard the defendant's face as being driven under the influence of alcohol, such as red and smelling, and accordingly, the defendant demanded to respond to the measurement of alcohol by inserting the breath in the breath.
However, the Defendant did not comply with the measurement of drinking without justifiable grounds, such as leaving the scene, by stating that “I have not driven any other person,” and “I have to go to the House of D. B. I will not comply with the measurement of drinking. I will not comply with the measurement of drinking.”
As a result, the Defendant violated the prohibition of drinking alcohol driving or the prohibition of refusal to measure drinking alcohol twice or more.
Summary of Evidence
1. Application of the Acts and subordinate statutes to notify the accused of the results of driving under the influence of alcohol, reporting on the state of driving under the influence of liquor, field photographs, records of drinking measurement;
1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of a fine concerning criminal facts, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the fact that the defendant recognized the crime, and the criminal records of the defendant, the circumstances before and after the refusal of drinking alcohol measurement, and the crime of drinking alcohol in the past.