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Defendant shall be punished by a fine of KRW 6,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On August 19, 2015, around 03:20 on August 19, 2015, the Defendant was driving approximately 5 meters in order to park a 40-ro 3, Gwanak-gu, Seoul Special Metropolitan City New apartment parking lot, and became under the control of the suspicion of drunk driving.
At around 04:03 on the same day, the Defendant recognized the Defendant to drink alcohol from a slope C belonging to the Gwanak Police Station in the Transport Survey System of Gwanak-ro 33, Gwanak-gu, Seoul Special Metropolitan City, and was seated in the driver’s seat of the vehicle. On the grounds that there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as the Defendant’s speech is inaccurate and face, the Defendant was demanded to comply with the breath measurement by inserting the whole in the breath.
Nevertheless, the Defendant, from around 04:34 on the same day, did not comply with a police officer’s request for sobage measurement without justifiable grounds by making a telephone conversation three times between about 31 minutes and disregarding police officers’ demand.
2. The Defendant without obtaining a driver’s license, and around 03:20 on August 19, 2015, 2015, driving approximately KRW 5 meters of B B Nata car at the 3-ro 40, Gwanak-gu, Seoul Special Metropolitan City New apartment parking lot.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. Control note;
1. Analysis of CCTV photographs;
1. Registers of driver's licenses;
1. Application of the statutes governing the actual condition of traffic accidents;
1. Relevant provisions of Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense (a point of refusal of measurement of alcoholic beverages), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;
1. Selection of each alternative fine for punishment (including the fact that the person's error is against himself/herself and that he/she drives a short distance for parking in apartment units, etc.);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.