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1. The defendant shall be punished by a fine of seven million won;
2. If the defendant does not pay the above fine, 10,000 won.
Reasons
Criminal facts
On July 22, 2014, the Defendant was sentenced to the suspension of the execution of two years on July 30, 2014 by the District Court of the Republic of Korea for the crime of injury, which became final and conclusive on July 30, 2014.
On April 8, 2014, from around 19:40 to 20:10, the Defendant was demanded to respond to the measurement of drinking alcohol by inserting it into a drinking measuring instrument for about 30 minutes among the slope F belonging to the Yangju Police Station Eabs, which the Defendant called out after receiving a report that he would drive under the influence of alcohol.
At the time, the defendant himself stated that he was drinking more than half of the liquor, and that he was drinking more than half of the liquor, and there was a reasonable reason to recognize that the defendant was under the influence of alcohol by drinking alcohol and drinking alcohol.
In addition, in front of D, a police officer I, who was the defendant at the home of the defendant prior to D, was parked with the defendant's G low-priced car, and on the same day, was sniffing the defendant at the defendant's house located in D before D, and said F slope was sniffed by telephone, etc., there was considerable reason to recognize that the defendant was driving a motor vehicle under the influence of alcohol from his home to D.
Nevertheless, the defendant did not comply with a police officer's demand for alcohol measurement.
Witness
According to the part of the J’s legal statement, part of the witness H’s statement and the witness I’s statement in the second trial record, the Defendant’s smelled from 17:00 to 18:00 on the day of the instant case, and the Defendant was driving from around 18:37 on the day of the instant case to D around 18:37 on the day of the instant case.
Even according to the evidence submitted by the prosecutor, even if it is insufficient to recognize specific circumstances to deem that the Defendant actually dices alcohol prior to driving, the amount and time of drinking is unknown, and the blood alcohol concentration of 0.05% is normal.