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(영문) 대전지방법원 홍성지원 2017.02.16 2016고정210
도로교통법위반(음주측정거부)
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 14, 2016, 14:15, the Defendant driven a bicycle with approximately 50 c motor 50 meters no number plate while drinking the bus stop at the front of his/her residence located in B, at the end of his/her residence, and the Defendant, who called the scene, driven a bicycle with a red, non-slided, and sound with a view to driving in the state of his/her liquor.

After taking the defendant arrested as a current criminal into the same site due to reasonable grounds to determine the person, the defendant was asked to respond to the drinking measurement by inserting the person in a total of 30 minutes, such as the first, second, 15:15 on the same day around 15:05 on the same day, and the second, 15:25 on around 30 minutes on the same day, but the defendant refused it on the ground that he/she did not have driven the person, and that he/she is not subject to the drinking alcohol.

Accordingly, the defendant did not comply with a police officer's demand for alcohol testing without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Each police statement made to D or E;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Application of Acts and subordinate statutes to a criminal investigation report (a video attachment which a suspect A gets off and off);

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning criminal facts and selective punishment [the head of a Si/Gun/Gu shall choose a penalty] 44 (2) [the head of a Si/Gun/Gu, even if the defendant was arrested as an offender in the current crime of injury, driving under the influence of alcohol;

Inasmuch as there are reasonable grounds to determine a person, police officers may measure the person under the influence of alcohol as pulmonary examination, and thus, the defendant and the defense counsel disputing such examination is not accepted.

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;

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