도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On August 25, 2014, around 03:10 on August 25, 2014, the Defendant, while driving a D New-Woo XD car in front of the 304-dong parking lot, was voluntarily driven as E zone by the slopeF belonging to the Bapo Police Station E Zone E zone, which was dispatched after receiving a report.
On August 25, 2014, between 03:40 to 04:00 on August 25, 2014, there are reasonable grounds to recognize that the Defendant driven while under the influence of alcohol, such as drinking and smelling the Defendant, etc., and accordingly, the Defendant was requested to take a drinking test on three occasions from the slopeF, but did not comply with it without justifiable grounds.
Summary of Evidence
1. Each legal statement of witness F and G;
1. Each police statement concerning G;
1. Reporting on occurrence of a case, etc. such as a violation of the Road Traffic Act (not taking measures after an accident);
1. Investigation report (Evidence No. 37 pages of evidence);
1. The application of the law to the defendant's voluntary behavior and the test of alcohol in full view of the above facts is acknowledged when the police officer called to the scene at the time of refusal to take a alcohol test (the above evidence reveals that the police officer's voluntary behavior was not exercised at the time of voluntary behavior, the defendant's response to voluntary behavior, the defendant's response to voluntary behavior, and the defendant's response to the defendant at the time of request for voluntary behavior, and the defendant's statement was made for the purpose of recognizing the alcohol driving. The defendant's voluntary behavior and the test of alcohol are all justified in light of the above facts).
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;