도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of 6 million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On August 10, 2014, at around 22:41, the Defendant is driving a motor vehicle with C low-speed car while drinking alcohol at the Aiju 2 apartment parking lot located in Pyeongtaek-si German-dong.
After the occurrence of a traffic accident, while the person was divingd at the driver’s seat of the above vehicle, there are reasonable grounds to recognize that the person was driven under the influence of alcohol by drinking, such as smelling, drinking, drinking, drinking, and drinking at the face of the police station, from E by the superintendent of the police box of Pyeongtaek-gu Police Station, who was called out after receiving a report, and accordingly, the person was requested to comply with a drinking test by inserting approximately 48 minutes from the office of the D police box to around 00:32 (1), 00:42 (2), 01:07 (2) and 01:07 (2) at the above place. However, even though the person was requested to comply with the drinking test by inserting the breath during the period from around 01:20 (3) to around 01:20 (3) of the D police box, the defendant asserted that he was not driven
Summary of Evidence
1. Each protocol of examination of witness E and F;
1. Protocol of the police statement concerning G;
1. In full view of each of the above evidence, the traffic accident report (on the actual condition survey report), traffic accident report and related photographs, the main driving report, the results of the influence of drinking driving, the inquiry report of drinking drivers, the report of drinking driving, the copy of the ledger of use at the time of measuring alcohol, and the investigation report (the analysis of CCTV video data in the management office of the second apartment of Aju apartment, and the shock part of the vehicle). The defendant, at the time of the crime of this case, was found to have been driven by a proxy driving technician, by driving the above vehicle immediately after moving the vehicle to the scene of the crime, caused the damage of G vehicles parked at the scene while repeating the vehicle while driving the above vehicle. In light of such circumstances, it is recognized that the defendant was under the influence of alcohol and refused a drinking test from the police officers dispatched after receiving a report from the residents.