Text
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, at around 01:40 on July 31, 2016, while driving C vehicles on the road in front of Gangnam-gu Seoul, and under the influence of alcohol on the road at around 01:40 on the same day, was requested to take a drinking test by inserting the breath in a drinking measuring instrument on July 31, 2016, on the ground that there are reasonable grounds to recognize that C vehicles were driven while under the influence of alcohol, such as smelling alcohol from D District Rabbse E at the Seoul Suwon Police Station D District Gyeong-gu, Seoul, Seoul, and moving red to the face, but did not comply with a police officer’s request for a drinking test without justifiable reasons, such as refusal of the first drinking test on July 31, 2016, refusal of the second drinking test at around 02:30 on the same day, refusal of the third drinking test at around 02:50 on the same day,
Summary of Evidence
1. Partial statement of the defendant;
1. A written statement in F and G preparation;
1. Statement of control over the preparation of H;
1. Application of Acts and subordinate statutes to a report on detection of a host driver and a statement of case processing 112 report;
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;