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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 March 15, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as the Defendant’s blood color with red and walking, from a policeman D affiliated with the police box of the Haak Police Station C, which was a police box of the Haak-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, 335 Shoon on the front of the Haak High School, while driving a motor vehicle under the influence of alcohol on the front of the Haak-gu, Jin High School.
For about 18 minutes in total, it was required to respond to the measurement of alcohol by inserting the dactbage measuring instrument four times in a total, due to reasonable grounds to determine a person.
그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Notice of the result of crackdown on driving drinking;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes for reporting internal accidents;
1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the Defendant had already been punished three times by a fine due to drinking driving, and the nature of the crime in this case is not weak.
However, prior to the imposition of a fine in 2016, there is a considerable interval of time after being sentenced to a fine in 2004 and 2001, there has been no more severe penalty than the fine so far, traffic accidents have occurred frequently, and other conditions of sentencing such as the circumstances of the crime and the circumstances after the crime are considered.