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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
피고인은 2020. 5. 17. 23:56경 사천시 B에 있는 C초등학교 후문 앞 도로를 술에 취한 상태에서 D 투싼 승용차를 운전하던 중 도로에 주차된 E 포터 ΙΙ 화물차를 들이받았고 이에 112신고를 받고 출동한 사천경찰서 F파출소 경위 G 등이 당시 피고인이 술을 마셨다고 진술하고 혀가 꼬인 상태에서 횡설수설 진술하며 눈이 충혈되는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어, 음주측정기에 입김을 불어 넣는 방법으로 음주측정에 응할 것을 요구하였으나 피고인은 횡설수설하며 파출소에서 음주측정을 하겠다고 하였다.
Accordingly, on May 18, 2020, the Defendant again requested the Fabrics located at H on May 18, 2020 to respond to the blood alcohol measurement by the police officer I belonging to the above police box for the above reasons, but at that time, the Defendant avoided it by the method of drinking and inhaleing the drinking measuring machine from around 00:15 to 01:03 on the same day, and did not comply with the police officer’s request for the alcohol alcohol measurement without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to report on circumstantial statements, investigation reports and internal investigation reports (Evidence List No. 9, 11);
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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant did not comply with the police officer's breath measurement even though he/she caused a traffic accident by shocking a parked vehicle while driving under influence of alcohol, and that the crime was very heavy, and that the defendant was deemed to have been under the influence of alcohol at the time of the crime, and that there was a significant risk that the defendant would have
However, the fact that the defendant has mistakenly recognized the defendant, the defendant has no criminal power, and other records of this case.