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
At around 15:30 on June 19, 2018, the Defendant, while driving DNA while drinking alcohol in front of the aftermath of the C High School located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Dong-gu, Seoul, 2018, got out of the surface after he shocked the right side of the E being parked.
The Defendant was demanded to respond to the measurement of alcohol by inserting approximately 25 minutes during the influence of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, sniffing, red and drinking, etc., from the police box G of the Yanannam Police Station, by means of inserting the whole breath of a drinking measuring instrument.
Nevertheless, the defendant did not comply with a police officer's request for a drinking test without any justifiable reason, such as heavy snow snow, etc. in the state of being on the road.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state opinion, investigation report (report on the state of drinking drivers), and register of meters using drinking-free meters;
1. Application of Acts and subordinate statutes governing accident site photographs;
1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which requires a provisional payment order, is an offense that causes serious danger and injury to the life and body of others, and the act of failing to comply with the measurement of alcohol by a police officer despite the considerable grounds for recognizing that a police officer was a drunk driving, needs to be strictly punished in order to eradicate such a drunk driving.
The Defendant had committed the instant crime even though he had the same criminal record once.
In addition to this, the defendant's age, character and conduct, environment, circumstances of crime, and circumstances occurring in the trial process shall be determined as ordered by considering various circumstances.