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
The defendant is a person who drives a Class C 3 cargo vehicle.
On May 2, 2015, under the influence of alcohol around 18:00, the Defendant, while driving the above cargo and driving it at a point 1 km in the direction of water level in the white-ro hot spring in Pyeongtaek-gu, Ulsan-gun, the Defendant caused an accident that the vehicle deviate from the road by collisioning the direction of the driving with the front part of the vehicle while driving it at a point 1km in the direction of water level in the white-gun hot spring.
Around 19:15 on May 2, 2015, the Defendant: (a) sent back to the Ulsan Military Medical Center to an emergency room of the Ulsan Military Medical Center; and (b) snicking in the body and the body of the Defendant during the treatment; (c) there are reasonable grounds to recognize that the Defendant was driving a motor vehicle under the influence of alcohol, and (d) E during the service of the police box, requested for a measurement of alcohol for about 30 minutes on three occasions, but did not comply with such method, such as taking the snick.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the ledger on the occurrence of traffic accidents, actual condition survey reports (including investigation records, pages 6-12, accompanying photographs, etc.), notification of the results of the control of drinking driving, report on the situation of drinking drivers, investigation report (including paper 3 of photographs attached thereto, refusal to measure and affix seals), carving, and the ledger on the use of drinking meters;
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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The main sentence of Article 186 (1) of the Criminal Procedure Act;