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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
1. On December 11, 2015, the Defendant violated the Road Traffic Act (e.g., refusal to measure drinking), driving a DM5 vehicle without a driver’s license, following C while under the influence of alcohol on the road in the Gunsan-si B.
Thus, the E police box sent to the emergency room of the Military Medical Center after receiving a report, and confirmed from F of the police box F that the Defendant snife alcohol while drinking at the bar, and was driven under the influence of alcohol.
Due to reasonable grounds, it was demanded to respond to the measurement of drinking alcohol.
그럼에도 피고인은 같은 날 13:45 경부터 14:05 경까지 군산시 지곡동에 있는 군산 의료원 응급실에서 약 3회에 걸쳐 음주측정기에 입김을 불지 않거나 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.
2. On December 11, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving the 1km section from the front side of the Grand apartment located in the area of the MM5 car owned by himself/herself without the driver’s license to the road following C in the same city from the front side of the Grand apartment located in the area of the U.S. (U.S.) in the Si/Gun, MM3 around 13:03.
Summary of Evidence
1. Statement by the defendant in court;
1. A photograph refusing to measure drinking, or a statement in the circumstances of the driver's license;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to investigation reports (on-site situations, etc.);
1. Relevant provisions of Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) and the selection of fines, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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;