도로교통법위반(음주측정거부)
1. Defendant shall be punished by a fine of 5,000,000 won;
2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1
Punishment of the crime
On May 29, 2014, at around 15:50, the Defendant: (a) while driving a D mixed car on the front of the C cafeteria located in Kimhae-si, caused a traffic accident; and (b) was voluntarily traveling to the E box of the Kim Jong-dong Police Station; (c) there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling on the face of the police box F, etc.; and (d) was demanded from around 16:12 to around 16:42 of the same Act to comply with the measurement of drinking alcohol by inserting it into a drinking measuring instrument for about 30 minutes.
그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 음주측정요구에 응하지 아니하였다.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident occurrence report and a traffic accident actual condition investigation report;
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 photographs related to the measurement of drinking;
1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of an alternative fine (competence, first offense, etc.);
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.