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Defendant shall be punished by a fine of 18,000,000 won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
[Criminal Records] On April 2, 2020, the Defendant was charged with summary charges of violating Road Traffic Act (refluence of alcohol measurement) with the Seoul Western District Court on April 2, 2020.
[Criminal facts] Around April 29, 2020, the Defendant driven C-low-low automobiles from the roads near the Jongno-gu Seoul Jongno-gu, Seoul, to the front side of the Seoyang-gu, Goyang-si, Goyang-si.
At the time, the defendant was driven while under the influence of alcohol, such as smelling sniff and booming red on the face.
There were reasonable grounds for recognition.
Accordingly, the police officer E, who belongs to the police station of the Ilsan Western Police Station, demanded the defendant to respond to the measurement of drinking by inserting the breath in a drinking measuring instrument three times.
Nevertheless, the Defendant, by explicitly expressing his intention to refuse to take a drinking test, failed to comply with a police officer’s request for a drinking test without justifiable grounds.
Accordingly, the Defendant violated the prohibition of drinking alcohol measurement twice or more.
Summary of Evidence
1. A written statement E by the police statement of the defendant concerning some of the defendant E and F, a traffic accident report (report on actual condition), report on the occurrence of a traffic accident, a field map of the accident, an accident scene photograph, a statement on the situation of the driver at the main place of the accident, an investigation report, an on-site photograph, an on-site photograph, and a statement on the case handling each 112 report;
1. Application of Acts and subordinate statutes reporting previous convictions and results thereof;
1. Article 148-2 (1) and Article 44-2 (2) of the Road Traffic Act and the selection of fines concerning the facts constituting an offense;
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;