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 October 14, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as making a heavy drinking, without responding to the police officer belonging to the police station D District of the Changwon Police Station D, which called "I Domp Ham Ham Ham Ham Ham", who was a window at Changwon-si around 00:57, while drinking on the front side of the 113-dong apartment building and was reporting that the Defendant would be suspected of drinking, while driving a motor vehicle under the influence of alcohol, on the front of the 113-dong apartment building.
As there are reasonable grounds to recognize, it was demanded from around 01:16 to around 01:57 of the same day to respond to the measurement of drinking alcohol by inserting approximately 41 minutes into the drinking-free measuring instrument.
Nevertheless, the Defendant did not comply with a police officer’s request for measurement of drinking without justifiable grounds, such as avoiding measurement by a method that does not put the part of the measuring instrument properly into the drinking measuring instrument.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and F;
1. Statement of the circumstances of the driver involved in driving;
1. Investigation into the dispatch conditions of the site and refusal to measure drinking, and the application of Acts and subordinate statutes to photographs;
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;