도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
The defendant is a person who drives a C-Motor vehicle.
On July 16, 2011, at around 22:20, after drinking alcohol at an insular place, the police officer of the Gyeonggi-do, the Gyeonggi-gu, the Police Station D police Station, who is under influence of alcohol, escaped without responding to the police officer's restraint, and arrested him after drinking.
Since there are reasonable grounds to recognize that a person was driven under the influence of alcohol, such as moving off a question of Posman E after the operation of a police box, raising a red light on the face, smelling a smelling, etc., he/she requested a drinking test, and refused to take a drinking test three times by not later than 23:05, 23:18, 3:34, without justifiable grounds, without justifiable grounds.
Summary of Evidence
1. Each legal statement of witness E and F;
1. The circumstantial report on the driver and the report on detection of the driver;
1. Application of Acts and subordinate statutes to a investigative report (a investigative record, 12 pages, 72 pages);
1. Relevant legal provisions and Articles 148-2 subparagraph 2 and 44 (2) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201);
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;