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(영문) 대전지방법원 천안지원 2017.03.17 2016고단2690
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On December 19, 2016, the Defendant: (a) while under the influence of alcohol on the roads of the C Hospital located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu; (b) was transported to the C Hospital emergency room; and (c) the Defendant driven under the influence of alcohol on the roads of the C Hospital located in Seo-gu, Seo-gu, Seocheon-gu; and (d) was transported to the C Hospital emergency room; and (e) the Defendant driven under the influence of alcohol on the grounds that the E Team guardF of the Y of the YG in the YY in the Yancheon-gu, Seocheon-gu

When a person requests a measurement of alcohol due to reasonable grounds to determine a person, the person's consent to the measurement of alcohol due to blood collection on the same day, but refuses to collect blood on the same day, and the person's continued refusal to collect blood from around 04:55 to around 30 minutes on the same day, even though he/she was requested to comply with the measurement of alcohol in a manner that makes it difficult for him/her to have a measuring instrument of alcohol for about 0 minutes on the same day, so he/she did not comply with the police'

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a driver in charge of driving, a written consent to blood collection, a ledger using measuring instruments, and a report on the situation of the driver in charge of driving;

1. Application of statutes on images which refuse to measure drinking;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. Consideration, such as the reflection of the reason for sentencing under Article 334(1) of the Criminal Procedure Act in the order of provisional payment, the fact that there exists a history of having received a fine once due to driving under drinking, and the fact that a motor vehicle has been scrapped;

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