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Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
On June 12, 2012, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch.
At around 00:12 on 29, 2020, the Defendant was exposed to D in the course of driving a rocketing car on the front of the Gyeonggi Pyeong-gun B.
When there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as smelling, snicking on the face at the time, etc., the Defendant avoided the demand to comply with the measurement of alcohol by inserting three times the breath from D, without any reason, in a manner that does not put the breath in the breathm in the breathm.
As a result, the Defendant did not comply with a police officer’s demand for alcohol testing without any justifiable reason despite the fact that he violated the prohibition of drinking driving.
Summary of Evidence
1. Defendant's legal statement;
1. Report on internal history, and report on the statement of regular refund to the driver;
1. Inquiry reports, including criminal records, and application of Acts and subordinate statutes to criminal investigation reports;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
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 provides that two times of punishment due to the reasons for sentencing under Article 334(1) of the provisional payment order shall be considered in consideration of unfavorable circumstances, but it shall be considered favorable circumstances, such as the time limit and reflect, and the fact that no driving is conducted again.
In this context, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, family, support relationship, etc., are considered.