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 November 23, 2019, around 13:18, at the entrance distance of the D in the front of the C, located in the wife B, the Defendant set away from the E E E E E E E-cub Driving Vehicle, which stops on the side of the road, to the lower part of it.
Around that time, after receiving a report from 112 that “A vehicle is being driven by the previous vehicle, being parked in front of the entrance of the 3rd distance, and E E E E E E E E-cub vehicle”, the police officer assigned to the G of the Yongsan-dong Police Station, and the police officer refused the Defendant’s request for a drinking test at around 13:12 on the same day since there exist reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as the following: (a) the Defendant attempted to drive the vehicle by reporting the locked appearance as above; (b) the Defendant was unlikely to have any reaction; and (c) the Defendant was able to lose his consciousness; and (d) the Defendant again refused the Defendant’s request for a drinking test at around 13:12 on the same day; (c) the Defendant refused the request by the police officer for a drinking test at around 13:17; and (d) the Defendant did not refuse the request by the police officer for a drinking test at around 13:27.
Accordingly, the defendant did not comply with a police officer's request for a drinking test without any justifiable reason.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation reports (report on the state of a drinking driver), notification on the results of the control of drinking driving, and the application of Acts and subordinate statutes on 112 Report Handling Schedules;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the selection of fines, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, is driving a vehicle while the defendant has taken care of, and caused an accident.