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(영문) 광주지방법원 순천지원 2014.07.25 2014고정377
도로교통법위반(음주측정거부)
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a C C C C C C C-W driver.

On January 24, 2014, at around 23:55, the Defendant driven the foregoing vehicle at a distance of 200 meters from the front side of the steering line to the front side of the road at the same time at the same time at the same time and from the front side of the road.

The Defendant is driving a vehicle as above.

During the replacement of a driver, the driver was exposed to D slope, etc. by police officers belonging to the Net Police Station Traffic Management Department, who are working in the patrol of drunk driving in front of the driver.

At the time, there was a considerable reason to recognize that the Defendant was driving a vehicle on the road with alcohol reaction, such as the reduction of alcohol reaction and smelling alcohol, etc.

On January 25, 2014, the Defendant was required to take a drinking test from around 00:03 to 0:27 the same day in order to verify whether the Defendant was drinking from D slope, etc., a police officer in charge of the detection field.

In such cases, the driver of a vehicle has to comply with a police officer's request for the measurement of drinking, but the defendant did not comply with the police officer's request for the measurement of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Inquiry into the result of the crackdown on drinking driving;

1. Photographs refusing to measure alcohol;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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