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(영문) 전주지방법원 2016.06.21 2016고정216
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 26, 2015, the Defendant driven a vehicle under the influence of alcohol, such as drinking, smelling, rhinging, rhinging, and rhinging, hinginginginginging off, hinginginginging off, hinginginging off, hinginginginging off, and hinginginginging off, at the site of a traffic accident in front of the former North Korean region located in 462, as in the Jinjin-gu, Seoul Special Metropolitan City on the site of an accident.

As there are reasonable grounds to recognize, it was demanded from around 05:40 to around 06:19 on the same day to respond to the measurement of alcohol by inserting approximately 39 minutes into a drinking measuring instrument on three occasions.

Nevertheless, the Defendant failed to comply with a police officer’s request for alcohol testing by avoiding the demand for measurement, such as not bringing about a drinking measuring instrument.

Summary of Evidence

1. Each legal statement of the witness C and D;

1. E statements;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A letter of arrest of a flagrant offender;

1. Each investigation report (the sequence 6, 15 in the table of evidence);

1. Application of Acts and subordinate statutes to each investigation report (the examination of the existence of evidence related to the circumstance of a drinking measuring instrument, refusal of measurement of drinking, etc. following non-compliance with

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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