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Defendant shall be punished by a fine of 6 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On August 30, 2019, the Defendant observed that a police officer's drinking control on the road while driving a two-wheeled vehicle in the same Gu B from the night distance from the Nam-dong, Chungcheongnam-gu, Ulsan-do to the front of the road, which was not equipped with a license plate at approximately 1 km section, from August 30, 2019, and was exposed to the police officer D and the police officer's seat on the road.
The defendant was requested by the above police officer to respond to the measurement of drinking in a manner of inserting the breathm at around 23:57 on the same day, on the grounds that there are reasonable grounds to recognize that he was driven while under the influence of alcohol, such as smelling red booming.
Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to written reports on the control of drinking driving and the report on the actual state of drinking drivers;
1. Relevant provisions of Article 148-2 (2) and Article 44 (2) of the Road Traffic Act concerning facts constituting a crime, and selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is acknowledged, that the person drives a stobane, and that the person has no criminal record exceeding the fine is favorable to the defendant.
On the other hand, it is disadvantageous to the defendant that he had a previous and one time of drinking driving.
Other factors of sentencing, such as the defendant's age, environment, motive of crime, etc., shall be determined as per the disposition.