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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a driver of a machine tank B.
On April 25, 2015, at around 08:10, the Defendant driven the said car in the state of blood alcohol concentration in approximately 3 km from the front of the restaurant in the Hando Sea State in the Gancheon-si, Kimcheon-si to the Damo parking lot in the same city C.
On April 25, 2015, on the basis of E’s statement that the Defendant reported about 112 that he/she had driven while drinking alcohol, the Defendant was required to comply with the drinking alcohol measurement by inserting the dactical measuring instrument three minutes from around 10:49 on April 25, 2015, on the ground that there are reasonable grounds to deem that the Defendant was driving alcohol.
Nevertheless, the Defendant did not comply with a legitimate police officer’s demand for alcohol measurement, after having parked a vehicle and drinking alcohol, such as E and G, and having not driven a drinking alcohol.” However, the Defendant did not comply with a legitimate police officer’s demand for alcohol measurement.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E (first time);
1. Police investigation report (a) (Attachment of photographs on the surface of a driver's license);
1. Report on internal investigation by the police (limited to attachment to the ledger of use of a measuring instrument for drinking alcohol and report on suspects A drinking and E drinking);
1. Application of the photographic Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;
1. Articles 70 (1) 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;