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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 June 11, 2020, at around 22:30, the Defendant, while drinking alcohol on the front of C in the Southern Sea Zone B, was driven in the road in front of C, and reported it to 112. Upon receiving the above report, the Defendant voluntarily operated the Defendant as E zone, because there is a reasonable ground to suspect that the Defendant driven under the influence of alcohol, such as a hhh, blood alcohol concentration measured by the F in the circumstances belonging to E zone at the Southern Sea Police Station E zone called out after receiving the above report, and a hnishing red light on the face of the Defendant, and a hhh, blood alcohol concentration measured by the alcohol reduction device.
이후 피고인은 같은 날 23:00경부터 약 50분간 약 10회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았으나, 피고인은 음주측정기에 입김을 불어넣는 시늉만 하거나 손으로 측정기를 뿌리치는 등의 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the main driver’s circumstantial statement report, investigation report (report on the situation of the main driver), five copies of field photo description, investigation report (report on control records), 112 reported case handling records, video CDs, investigation report (the verification of the degree of blood alcohol concentration of the main driver)
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the selection of fines, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant’s condition at the time of driving of the instant case, the process of detection of the instant crime, the investigation stage, but the time when the instant crime was committed in this court, and the Defendant’s previous records including the record of punishment, and the various conditions of sentencing as shown in the oral argument of the instant case, shall be