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 May 24, 2017, around 13:19, the Defendant driven the said vehicle under the influence of alcohol by driving the vehicle under the influence of alcohol, such as: (a) the Defendant was seated in the E New EF rocketing drive seat before a stop line, and was under the influence of alcohol, from D’s position to the police box of both States, at the top of the 119 Safety Center of Go-Eup, Go-dong 266, Go-dong 119 Safety Center.
For about 15 minutes of time due to reasonable grounds, it was demanded to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument three times.
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. Partial statement of the defendant;
1. A written examination of some police suspects against the defendant;
1. Statement made by the police with regard to F;
1. Report on the circumstances of the driver's license in driving and the ledger of the user of drinking instruments;
1. On-site photographs (the defendant and his/her defense counsel have a justifiable reason to refuse to comply with the measurement of drinking because he/she has not driven a drinking;
The argument is asserted.
In full view of the objective circumstances at the time of the request for a drinking measurement, a driver was driving a motor vehicle under the influence of alcohol.
Unless it is clear that there is a reasonable ground to determine a person and it is necessary to confirm whether a driver has a drinking, a police officer may request the driver concerned to take a drinking test, and if the driver fails to comply with the request, the crime of refusing to take a drinking test is established under Articles 148-2(1)2 and 44(2) of the Road Traffic Act. Meanwhile, the driver has driven a motor vehicle while under the influence of alcohol.
Whether there is a considerable reason to determine the person shall be determined by the appearance, attitude, and driving of each individual driver at the time of the request for the measurement of drinking.