beta
Text
Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On August 15, 2016, at around 03:20, the Defendant was driving a B ASEAN A6 car in front of the hotel in the direction of 772 in the city of Busan on the side of the hotel. On August 15, 2016, the Defendant was demanded to comply with a drinking test by inserting a drinking measuring instrument for about 40 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving while under the influence of alcohol, such as drinking a dance in the light of the driver D belonging to the Busan Jin Police Station C, and the Defendant’s face was promptly entered, and the Defendant was able to recognize that he was driving in the influence of alcohol. However, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument for about 40 minutes, but it was avoided by inserting a part of it into the drinking measuring instrument.
As a result, the defendant did not comply with a police officer's request for a alcohol test without justifiable reasons.
Summary of Evidence
1. Defendant's legal statement;
1. The user ledger of the measuring instruments for drinking;
1. Application of Acts and subordinate statutes on investigation reporting;
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. Although there has been a history of criminal punishment twice for the reason of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, the person was under the influence of criminal punishment and refused to take a drinking level while drinking alcohol, as well as the person who was under the influence of alcohol and refused to take a drinking level, and the attitude during the enforcement process is very rough and bad, but the person was wrong, and other punishment as ordered shall be determined by comprehensively considering the defendant’s age, character and conduct, environment, circumstances leading to