도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On March 21, 2017, the Defendant driven a vehicle with D Sm7 vehicle in front of the Kimpo Police Station located in the long-term Dong, Kimpo-si, Kimpo-si on March 21, 2017, while driving a vehicle with D Sm7 vehicle in the influence of alcohol from the slopeF belonging to Kimpo-si, Kimpo-si, to the Defendant, such as smelling alcohol and snicking red on the face.
Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.
Nevertheless, the defendant refused to take a drinking test and failed to comply with a police officer's request for a drinking test without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial report of the driver employed at the main place;
1. Refusal photographs of measurement;
1. Application of Acts and subordinate statutes to a copy of the usage register of drinking meters;
1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act: The recognition of and reflects on the crime, the fact that there is no record of punishment for the same kind of crime: there is a need to strictly punish the driving of drinking, and the refusal of the measurement of drinking includes not only the driving of drinking but also the nature of interference with the performance of official duties, and the nature of the crime is not more appropriate, and the punishment is determined as ordered by taking account of various sentencing conditions, such as the motive and circumstance of the crime, the circumstances after the crime, and the sentence in a similar case.