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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a driver of a three-dimensional vehicle.
On December 15, 2015, the Defendant driven the said car on the street in front of the 456-11 Loon-gu, Sungwon-si, Sungwon-si, Sungwon-si on December 15, 2015.
A slope E belonging to the Changwon Police Station D police box, when the defendant was called to handle a traffic accident caused by the defendant's walk, listens to the words that the defendant driven a drunk by drinking, and there are reasonable grounds that the defendant was suspected to have driven a drunk by drinking alcohol, such as snicking, smelling, and snicking off, with a long distance and face, so that the defendant was under the influence of drinking, and thus, the defendant requested the defendant to voluntarily drive a drunk with a police box to take a alcohol test, but the defendant was arrested as a flagrant offender who was under the influence of drinking, who tried to leave the scene by strongly expressing his complaint and refusing to do so.
Since then, the Defendant was requested to comply with a drinking test from around 04:17 on December 15, 2015 to around 04:55, but the Defendant refused a police officer’s request for a drinking test without justifiable grounds.
Summary of Evidence
1. Court statement of the defendant (the second court date);
1. The police statement concerning F;
1. Application of Acts and subordinate statutes to reports on the circumstantial statements of a drinking driver, and photographs concerning refusal to measure drinking;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;