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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant is a person who drives a H-to-purd vehicle owned by the G outside of a house.
On May 4, 2013, the Defendant operated the above car volume at around 22:30, and caused a single accident that conflicts between the Rails, which is located on the right-hand side of the driving, of the road No. 300-meter Seoul National Road No. 44, 300 meters from the front side to Seoul, from the front side of the 2-lane road.
On the same day 22:43, a police officer of the Gangwon Police Station, who was dispatched to the scene after receiving a report of 112 on the same day, J, on the grounds that there are reasonable grounds to recognize that the Defendant was driving of a motor vehicle under the influence of alcohol, on the ground that the Defendant’s vehicle was under the influence of alcohol due to the fact that the Defendant was sniffed at the Defendant’s entrance, sniffed, boomed, and was reduced at the highest level of the drinking-free, and that the Defendant was in the influence of alcohol, but the Defendant refused it, and moved to a front of a 300 meters away from the place of the said accident, beyond 112 meters.
Accordingly, on May 4, 2013, J requested the Defendant to take a breath test on three occasions from around 23:27 to 23:47 the same day, but the Defendant refused to take a breath test without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police investigation of the accused;
1. Application of Acts and subordinate statutes to investigation reports (including the parts attached to the details of recording, etc.) on the results of the control of drinking driving, the report on the statement of the status of drinking drivers;
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. Articles 70 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;