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서울중앙지방법원 2017.07.21 2017고정1726
도로교통법위반(음주측정거부)
Text

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 is engaged in driving in the amount of K3 cars.

On April 22, 2017, the Defendant, while driving the said vehicle on the front of Dongjak-gu Seoul Metropolitan Government on the road at around 02:00, driven under the influence of alcohol, such as drinking alcohol, drinking alcohol, and drinking alcohol, driving a vehicle under the influence of alcohol on the following grounds:

On the same day, a police officer's request for the measurement of drinking alcohol was made in a manner that makes it impossible for a police officer to take a alcohol measuring instrument by voluntarily accompanying a traffic inspector for a reason that there is a relative reason to determine a person, but the police officer refused a police officer's request for the measurement of drinking alcohol at around 03:38 on the same day, refusal to take a second alcohol measurement on around 03:12 on the same day, refusal to take a second alcohol measurement on around 13:28 on the same day

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents in G preparation;

1. Application of Acts and subordinate statutes to conduct on-site surveys, field photographs, photographs of accident-related vehicles, traffic accident-related reports, reports on the detection of drivers at home, circumstantial statements of drivers at home, records of measurement of drinking alcohol, investigation reports (report on the circumstances of drivers at home);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the primary offense by the Defendant, and his mistake is against his/her will, even though it is recognized, if considering the statutory penalty of the instant crime, equity in punishment, etc., the punishment prescribed in the summary order of the instant case is heavy.

It does not appear.

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