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Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
【Criminal Power】 On May 6, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Cheongju District Court.
【Criminal Facts】 The Defendant is a person driving a two-wheeled automobile B 250CC.
On September 18, 2019, at around 02:00, the Defendant was required to comply with a drinking test by inserting alcohol into a drinking measuring instrument three minutes from around 02:21 to 02:36 of the same day, on September 18, 2019, after receiving a report on the driving of the said motor vehicle while drinking in about about 3km section in front of the Cheongju-si, a significant reason to recognize that the Defendant was under the influence of alcohol, such as the breathing of snow and the breathing of snow from G around the considerable police station in front of the Cheongju-si, who was dispatched after receiving a report on the driving of the said motor vehicle in around 3km section.
Nevertheless, the defendant expressed his desire to a police officer who requests the measurement of drinking, such as "legal studies, putting them into a house," and "satisfed in the mind", and did not comply with a police officer's request for the measurement of drinking without justifiable grounds.
As a result, the Defendant violated the provision of “the prohibition of driving under the influence of alcohol” twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. A H statement;
1. Previous records: Application of inquiries, such as criminal records, and summary order statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act which choose the penalty;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc. are not deemed to have been too high in light of the circumstances before and after the crime, etc.