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Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On August 20, 2015, the Defendant driven a motor vehicle under the influence of alcohol, such as running a motor vehicle under the influence of alcohol on the street in front of a shooting distance from the head of the Geum-gu Police Station D belonging to Busan, the Defendant, while driving a motor vehicle in the front of the city of Geum-gu, Busan on August 20, 2015, by driving the motor vehicle under the influence of alcohol, driving the motor vehicle under the influence of alcohol, such as cutting off and cutting off red on the face of the motor vehicle.
Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.
그럼에도 불구하고, 피고인은 ‘ 폐활량이 부족하다’, 라며 음주 측정에 응하는 시늉만 하는 방법으로 같은 날 20:50 경 1회, 21:00 경 2회, 21:10 경 3회, 21:20 경 등 도합 4회에 걸쳐 음주 측정을 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Each investigation report [the defendant and his defense counsel alleged that the defendant did not comply with the drinking alcohol measurement for the reason that the data for the measurement of drinking alcohol by a drinking measuring instrument measured by the defendant at the time does not remain. However, each of the following circumstances acknowledged by the above evidence, namely, the measuring instrument to be stored as the data for the measurement of drinking alcohol by the drinking measuring instrument, should put the measuring instrument into the part above a certain pulmonary level. At the time, even though the defendant puts the hidden over several times, it seems that the defendant did not keep the record because the degree of alcohol level in blood alcohol was not measured against the defendant, and therefore there was no drinking measuring instrument measured by the defendant at the time.
In addition, the respiratory dose that requires a measuring instrument is deemed not to require excessive lungs especially as the extent that the general public dynasty dysing, and the respiratory problem of the defendant, as argued by the defendant.