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(영문) 수원지방법원 2014.12.11 2014고정2681
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

The defendant is a person who drives a two-standing vehicle.

On June 27, 2014, around 04:05, the Defendant, at the entrance intersection of the Jungdong-gu Haakdong-dong Haakdong-dong, was able to drive the vehicle at the two-lanes of 200 meters in the front direction, where the Si-dong entered the front direction, and was able to sleep, and the Defendant was able to drive the vehicle under the influence of alcohol from D following the police box of the Jadong-dong Department C.

From 04:32 on the same day to 05:52 on the same day, the Defendant demanded the measurement of alcohol on the grounds that there are reasonable grounds to recognize that the Defendant was driving a vehicle under the influence of alcohol as above, and the Defendant did not comply with the request without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. Report on the occurrence of the case, report on the situation, and report on the detection;

1. Each report on investigation;

1. Application of each on-site photograph, refusal to measure, and statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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

1. In light of the following circumstances acknowledged by the record of this case as to the defendant's assertion of Article 334 (1) of the Criminal Procedure Act of the provisional payment order, that is, at the time of the police's dispatch, the defendant was a person who was seated in a driver's seat while drinking, the time operation of the vehicle as stated in the judgment at the time was turned on, and the weather was put on D "," and the location of the vehicle's stopping as stated in the judgment, etc., it is reasonable to deem that the defendant refused to take a drinking test as stated in the judgment in the judgment, even if there are reasonable grounds to recognize that the defendant was driving a vehicle

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