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Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant, while under the influence of alcohol without a driver’s license, driven the KS5 car, which was owned by Defendant’s father, from October 26, 2017 to October 23:50 on the following day, from October 26, 2017, the Defendant was driving from around 23:50, to around 00:33, the 104 Dong-dong, Incheon, Nam-gu, Incheon, Seoul, the 674 Incheon, the road prior to the traffic construction of Incheon, approximately 3 km.
A police officer who discovered the above accident and called to the site shall have driven a motor vehicle under the influence of alcohol, such as smelling the motor vehicle and driving a motor vehicle with his/her body in an irregular distance.
There are reasonable grounds to determine a person, which requires that he/she comply with the measurement of drinking by inserting approximately 10 minutes of breath alcohol measuring instruments into a breath alcohol measuring instrument.
그럼에도 피고인은 음주 측정기에 입을 대는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. Investigation report (report on the situation of driving in the main place);
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure drinking), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the selection of fines) concerning the facts constituting an offense;
1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (to the extent that the aggregate of the amounts of each of the above crimes is aggregated);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Order of Provisional Payment is that the Defendant, even though he/she had the criminal history of driving a drinking alcohol, driving a motor vehicle without a driver’s license while drinking the motor vehicle, he/she violates the Road Traffic Act due to driving of a drinking alcohol
reasonable grounds to deem that there are reasonable grounds to
judgment.