beta
(영문) 서울중앙지방법원 2015.05.12 2015고정1477

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 3, 2015, at around 00:12, the Defendant: (a) driven a motor vehicle while drinking on the road near Seocho 1, Seocho-gu Seoul Metropolitan Government Seocho-gu, Seocho-gu, and was found to have been drunk due to drinking; and (b) was bread by the Defendant’s entrance from the Seocho Police Station and C in the process of the traffic and the position of the Seocho Police Station, and was deemed to have driven a motor vehicle under the influence of alcohol, such as “drinking a large amount of drinking”, and was demanded to comply with the measurement of drinking by inserting the body of the Defendant in the influence of alcohol.

Nevertheless, on March 3, 2015, the Defendant avoided a drinking test by a method that does not properly operate a drinking measuring instrument for four times from March 3, 2015, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reports on the statement of the state of drinking drivers, and the results of the crackdown on drinking driving;

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 70 (1) 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;