도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
At around 01:49 on December 26, 2012, the Defendant: (a) while driving BK5 automobiles from a section corresponding to 50m from the roads in front of the Yaeung-gu cafeteria, which is located in the direction of Jinju-si, to the roads in front of the CK5-dong 2 located in the same Dong, while driving BK5 automobiles in a section corresponding to 50m from the roads in front of the CK-dong 2 located in the same Dong, and without any justifiable reason, she spits it by “fins it, so as to fins it.” As such, the Defendant became subject to an examination of duties as to the contents of the report from the D District E, which was dispatched to the site by the report of the above C.
In a state where the Defendant is not able to breath, the Defendant was able to walk, string the face with red, snick in the entrance, and snick in the above vehicle, the Defendant was on board the mixed driver's seat without driving, and the reporter's six persons have made a statement that he/she was driving a vehicle under the influence of alcohol, and thus, the Defendant was forced to drive the vehicle under the influence of alcohol by the above police officer according to the Jinju Police Station D area in the Jinju Police Station.
While the Defendant was requested by the above police officer to take a breath test by pulmonary measuring instruments for at least 30 minutes from around 02:26 to 02:56 on the same day, the Defendant did not comply with the breath test without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Control note;
1. Application of Acts and subordinate statutes governing enforcement photographs;
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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
1. Articles 70 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;