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 December 18, 2018, the Defendant: (a) driven at the front intersection B located in Ulsan-gu, Ulsan-gu, and caused a traffic accident; (b) was sent to an emergency room in the E Hospital through a vehicle 119 first-aid vehicles and was under medical treatment; (c) after receiving a traffic accident report, the Defendant was required to comply with a drinking test by means of inserting alcohol into an emergency room in front of the B, Ulsan-dong Police Station, the U.S., and the Defendant arrived at the emergency room in treatment after being called to the site; and (d) there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as sobreathing alcohol due to drinking reduction, and making the face a red light belt, etc., from 16:10 to 16:40 on the same day.
Nevertheless, the defendant did not comply with the demand of the police officer for a drinking test by inserting the breath in a drinking measuring instrument without any justifiable reason, thereby spreading the measuring instrument in his hand.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Application of Acts and subordinate statutes to a criminal investigation report (report on the state of his/her driver), investigation report (as to whether he/she drinks alcohol), investigation report (as to the circumstances of the accident and refusal of measurement);
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;