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 5, 2014, around 02:42, the Defendant entered the F-Motor vehicle owned by E in front of D branch companies in Jinjin-si, on the ground that he was in the F-Motor vehicle in front of D branch companies, and was dispatched, and the Defendant was entering the vehicle, and the Defendant was moving 4-5 meters from the place where the vehicle was first parked, and there was a considerable reason to suspect that he was under the influence of alcohol due to the lack of a red, non-distance, and an armial length, and thus, the Defendant was demanded from H to comply with the drinking test by inserting the drinking measuring machine three minutes in a way of inserting it into the drinking measuring machine.
Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole breath of a drinking measuring instrument.
Summary of Evidence
1. Legal statement of the witness H, E, and I;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Application of Acts and subordinate statutes to criminal investigation reports (Attachment of photographs), internal investigation reports (Attachment of photographs to criminal scene photographs);
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 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.