도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On September 6, 2014, around 18:45, the Defendant driven a CM3 car on the front side of the Busan Southern-gu, Busan-gu, and was punished by the driver of another vehicle, and the driver was in charge of smelling and reporting to the police.
The Busan Southern Police Station D District E arrives at the above site immediately after the arrival, and there was a reasonable reason to recognize that the defendant was driven under the influence of alcohol, such as the defendant's sniffing, a large amount of sniffing, face, and eye.
Thus, E requested the defendant to take a drinking test by inserting the whole in a drinking measuring instrument on the same day at around 19:17, but the defendant, as well as the defendant, requested about 30 minutes police officers to take a drinking test four times, but the defendant did not comply with it without justifiable grounds.
Summary of Evidence
1. Statement made by the defendant in this court;
1. Descriptions of the report on detection of a host driver prepared by the police, and the report on the status of a host driver; and
1. Entry into an investigation report (Evidence No. 10-12 of evidentiary records) prepared by the police and the application of statutes on images (including accompanying 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;