도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
At around 23:40 on January 19, 2018, the Defendant driven the amount of D SP car owned by the Defendant under the influence of alcohol on the section of approximately 1.5km of blood alcohol concentration in the direction of the road located in C in front of the same city from the road in front of the restaurant in Seopo-dong, Seopo-si, Seopo-si, Seopo-si.
At this time, the Defendant, at the above temporary location, controlled a slope F belonging to the Seopo Police Station E Hapo Police Station and G by drinking driving, and rejected the measurement of drinking more than four times from January 20, 2018 to January 00:05 without justifiable grounds.
Summary of Evidence
1. Partial statement of the defendant;
1. The defendant asserts that the test of alcohol in this case violates the traffic control guidelines of the National Police Agency as long as he did not receive any notification of his under the influence of alcohol at intervals of 5 minutes from the police officer at the time of the test of alcohol in this case, the report on the state of driving under the influence of alcohol, the investigation report, the notification of the results of the control of the driving under the influence of alcohol, the ledger of the use of the alcohol measuring instrument, the investigation report (Evidence No. 27, 28 of the record), and the investigation result report [the defendant]. The defendant asserts that the police officer violated the traffic control guidelines of the National Police Agency when he did not receive any notification of his under the influence of alcohol at intervals of 3 minutes at intervals of 5 minutes. Even though the police officer demanded a alcohol measurement for a driver under the influence of alcohol in a manner deemed reasonable by social norms even if he refused it, the crime of refusing the influence of alcohol under the Road Traffic Act is established, and the traffic control guidelines of the National Police Agency is not effective externally or binding on the general public, and thus, the police officer's request is not unlawful.