beta
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
Criminal facts
The defendant is a person who is engaged in driving of a three-dimensional motor vehicle.
On May 22, 2018, around 20:20, the report was received that there was a person who drives a vehicle in the state of drinking on the side of the rectal distance, which is located in the 5-3 Gwangjin-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do. The defendant received the above report and recognized that he driven the vehicle in question to the police officer dispatched to the above place, and the police officer confirmed that he driven the vehicle in question. As the police officer confirmed whether he was under the influence of alcohol, he was under the influence of alcohol, so the response of drinking was reduced, and the defendant was smelled at the defendant's entrance.
Therefore, a police officer is driving a police officer with drinking by the defendant.
There are reasonable grounds to determine a person, and from around 20:20 to around 20:51 on the same day, the defendant demanded that the defendant respond to the measurement of drinking by inserting approximately 31 minutes into a drinking measuring instrument three times in total.
Nevertheless, the Defendant avoided the method of injecting only a short respiratory part of the short body that a drinking measuring instrument does not operate normally, and did not comply with a police officer’s request for a drinking test without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);
1. Article 148-2 (1) 2 and Article 44-2 (2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018) on criminal facts
1. Selection of an alternative fine for punishment;
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;