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(영문) 제주지방법원 2018.06.11 2017고단2832
도로교통법위반(음주측정거부)
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Defendant shall be punished by a fine of eight million won.

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

Reasons

Punishment of the crime

On October 8, 2017, the Defendant: (a) 18:08, at the intersection of recovery between Seopopopo City and Seopo City, and was locked to the driver’s seat of Cpoter freight; (b) snicking, snicking, faceing, red, and driven while under the influence of alcohol, such as a remote distance.

The reason why there is a reasonable reason to designate a person, and the reason why the police box of the Western Police Station sent out after receiving a report was required to respond to the measurement of drinking by inserting approximately 10 minutes of drinking between E and F.

Nevertheless, the defendant, without justifiable grounds, refused to comply with a police officer's request for measurement of drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense;

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. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are considered in consideration of all the various conditions of sentencing specified in the argument in the instant case. In particular, the following circumstances are against: (a) the driving of a drinking, the occurrence of an accident while taking into account the following circumstances; (b) the circumstances unfavorable to the support of a minor: (c) the act of refusing to measure drinking; (d) the act of refusing to take alcohol; (e) the act of refusing to take alcohol; (e) the person has already been punished for driving alcohol twice; (e) the person has already been under the influence of alcohol so that the vehicle can display a light; and (e) the person has been under the influence of alcohol

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