도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On January 7, 2018, the Defendant driven a vehicle under the influence of alcohol by a policeman D belonging to the Police Station C of the Kim Sea Police Station C of the Kim Sea, who was under the influence of alcohol while drinking alcohol on the road in front of the Dong Kimhae-si, Kimhae-si, Kimhae-si, the Defendant driven a vehicle under the influence of alcohol, such as snicking and smelling red on the face.
On January 8, 2018, from around 00:12 to around 00:22 on the same day, it was demanded to respond to the measurement of drinking by inserting the whole of the drinking measuring instruments three times in total.
Nevertheless, the defendant avoided this and did not comply with a police officer's request for alcohol testing without any justifiable reason.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. A copy of the ledger using drinkers;
1. Application of each statute on photographs;
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure Act on the order of provisional payment is that the Defendant, without being aware of the history of being punished twice due to drinking, has already been driven by a drinking driver, has driven a motor vehicle after drinking, and has refused to comply with a request for measurement of drinking by the control police officer without justifiable grounds.
However, the defendant reflects the wrongness in depth and does not repeat again in the future.
The actual accident did not lead to the actual accident.
The automobiles which were operated at the time seem to be disposed of recently.
The previous criminal records as mentioned above have been sentenced to a fine in full, and they have been sentenced to one of the last ten years, and they have not been sentenced to a suspended sentence or more.
In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.