도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Punishment of the crime
On September 25, 2017, at around 21:10, the Defendant driven under the influence of alcohol by the Defendant, who was reported by the Defendant to drive a bicycle for D SV 124cc engine device while drinking alcohol at the Seongdong-gu Seoul Police Station C box located in Seongdong-gu Seoul Police Station, Seongdong-gu, Seoul, on September 25, 2017.
Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.
Nevertheless, the defendant refused a continuous request for a measurement of drinking, and 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. Statement made by the police with regard to F;
1. Application of the Acts and subordinate statutes in writing of a witness of G and a written record of crackdown;
1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;
1. It does not seem that the amount of fine prescribed in the summary order is excessive even considering the sentencing conditions shown in the public trial of this case, such as: (a) there is no history of criminal punishment against the defendant for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act; and (b) the maximum of the statutory penalty under Article 148-2(1)2 of the Road Traffic Act is the cause of a fine of five million won, etc.