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Defendant shall be punished by a fine of KRW 2,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Around 10:05 on October 27, 2013, the Defendant was driving the Oral Ba B, and was driving on the one-lane road prior to the 683-3 Do 683-3 Do Do 2, the Defendant rejected the Defendant’s request for a drinking test on the following grounds: (a) the police officers assigned to the “F Hospital” department of the Jeju Western Police Station G District called upon receipt of a report and sent back to the “F Hospital” emergency room at the Jeju City; (b) the Defendant was driving under the influence of alcohol, such as walking snow, face color, red, and smelling, despite having received a demand for a drinking test by no later than 1:17 times on the same day; and (c) the Defendant refused it without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the Act and the Act and the Regulations governing “the photograph taken by a suspect to view that the suspect refuses to take a drinking” report;
1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act; Selection of a fine;
1. Discretionary mitigation: Articles 53 and 55 (1) 6 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);
1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;
1. Provisional payment order: A sentence shall be imposed as ordered in consideration of all the following circumstances as a result of the sentencing of Article 334(1) of the Criminal Procedure Act: Recognizing the facts of the crime and reflects on the favorable circumstances: The circumstances at the time of the crime (of June 21, 2010, the crime of violation of the Road Traffic Act (driving) and the crime of fine of KRW 2 million) and other circumstances at the time of the crime (of course, the injury the bones of which has been laid down due to traffic accidents) and the family relation of the defendant, economic conditions, etc.