도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of KRW 6,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant is a person who drives B-house.
On August 15, 2014, around 09:55, the Defendant driven the above cargo vehicle on the D’s house located in L in LA while drinking after drinking alcohol, to the front of the “F cafeteria” in E in the same city under the influence of alcohol.
After that, after drinking alcohol at the above F cafeteria, after drinking alcohol, the person was sent to the police station G police box after receiving a report as a matter of the drinking value, and the person was voluntarily accompanied by the charge of drinking alcohol driving from H by the security guards belonging to the State Police Station G police box.
On August 15, 2014, the Defendant driven a vehicle while under the influence of alcohol, such as smelling and smelling from the above security guards H, within a police box of the State Police Station G police station located in I on August 15, 2014, and her face, in the influence of alcohol.
There are reasonable grounds to recognize it, and it was demanded to respond to the measurement of drinking by inserting the whole breath of drinking not less than three times between about 30 minutes.
Nevertheless, the defendant only speaks that he has not driven a drinking, but did not comply with a police officer's request for a drinking test without any justifiable reason.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or J;
1. Statement report on the situation of the driver at the main place of business, internal investigation report (related to voluntary accompanying circumstances, refusal to measure, and refusal to affix seals), investigation report (to be accompanied by CCTV photographs and field photographs);
1. Application of Acts and subordinate statutes concerning evidence refusing to measure drinking;
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;