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Defendant shall be punished by a fine of KRW 8,000,000.
Where the above fine is not paid, 100,000 won shall be one day.
Reasons
Punishment of the crime
On November 11, 2020, at around 23:15, the Defendant: (a) was parked in the front of “C” in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) while driving DK5 automobiles under drinking alcohol, the Defendant was parked there.
K7 Driving a motor vehicle under the influence of alcohol, such as smelling and snicking on the face of the Defendant from F of the background F of the Incheon Samsan Police Station E, which was called out after receiving a 112 report, while driving a motor vehicle under the influence of alcohol.
There is a reasonable reason to determine a person, so it was demanded to respond to the measurement of drinking by inserting the breath in three times between approximately 25 minutes.
그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.
Summary of Evidence
1. Application of Acts and subordinate statutes to the accused's legal statement report on the circumstances of the driver who is placed in the main state, investigation report (report on the circumstances of the driver who is placed in the main state), and
1. Article 148-2 (2) and Article 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense and the selective punishment;
1. Selection of a selective fine for punishment (any criminal history exists);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;