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Defendant shall be punished by a fine not exceeding five million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
On June 30, 2018, the Defendant: (a) while driving a SM3 car on the front of B on the road in front of B on the 15:15 Bocheon-si, the Defendant: (b) driven the said car on the agricultural waterway located on the left-hand side of the road; (c) from the head of the Boan Police Station D police box called to the site, the Defendant was demanded to comply with the drinking test by inserting the vehicle into a drinking measuring instrument four times in total from 16:05 to 16:26 of the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling on the face of the police box of the Boan Police Station: (a) holding the alcohol while driving the CM3 car on the road in front of B on the road
Nevertheless, the Defendant avoided it by means of not inserting a proper concealment in a drinking measuring instrument, etc., and failed to comply with a police officer’s request for a drinking test without justifiable grounds.
Summary of Evidence
1. Partial statement of the defendant;
1. The Defendant alleged to the effect that he/she had attempted to comply with a drinking test as much as possible in the absence of mental condition immediately after an accident, such as high blood pressure, etc. at the time. However, according to the investigation report, the Defendant appears to have expressed a desire to a police officer at the time and prompted him/her, and the instant accident appears to have occurred in the course of agriculture by itself as it appears to have been relatively insignificant. The instant accident was deemed that the Defendant’s driving vehicle alone fell into the course of agriculture, and was not enough to comply with the drinking test. At the time, it appears that the police officer granted a sufficient time for the Defendant to take a drinking test. Examining the duty records attached to the written opinion submitted by the Defendant, it is difficult for the Defendant to reach the conclusion that it was related to the instant case for most years, and there was no special confirmation after 2018.