도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[Criminal Power] On January 15, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch.
【Criminal Facts】
On June 29, 2019, around 22:20 on June 29, 2019, the Defendant driven the said BMW car while under the influence of alcohol on the ground that the status of parking of the said CMW car was not good.
At around 23:00 on the same day, the Defendant was required three times to respond to the alcohol alcohol test by inserting the alcohol measuring instrument in a manner of drinking, on the grounds that there are considerable grounds to suspect that he was driven under the influence of alcohol by the report, etc. of the above acting driver from the slopeF belonging to the Seoul Sungdong Police Station Epic Station, who was called for after receiving a report of the above acting driver on the above acting driver, on the part of the Defendant’s house located in B apartment D, but did not comply with the alcohol test without justifiable grounds.
Accordingly, the defendant violated Article 44 (1) or 44 (2) of the Road Traffic Act at least twice.
Summary of Evidence
1. On the one hand, the previous records presented by the reporter of the 112 Report Report Report on the Investigation Report (on the calculation of the mark) and the Investigation Report (on the situation of a driver at a driving level) on the accused of the Defendant’s partial statement of the Defendant’s testimony at the court room, the statement of the police interrogation protocol G concerning the Defendant of the Defendant’s partial statement at the court room: Criminal history record inquiry (A), investigation report (on the calculation of the mark), and the investigation report (on the situation of a driver at a driving level) by each control officer’s statement (on the attachment of a summary and a photograph at the control site): The application of the Act and subordinate statutes on criminal records, investigation report (the
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (2) of the Road Traffic Act, the choice of fines, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. As to the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order.