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Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On March 9, 2013, at around 23:57, the Defendant was required to comply with the measurement of alcohol by inserting it into a drinking measuring instrument three minutes at the office of a permanent police station C commander of a permanent police station, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, etc., from the slope D belonging to the permanent police station C commander of the permanent police station, while driving the B rocketing and other vehicles under the influence of drinking in front of the Southern Hacheon-dong, a permanent police station C commander of the permanent police station.
그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the report on detection of a drinking driver, the report on the circumstances of a drinking driver, and a copy of the usage register of a drinking measuring instrument;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;
1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Jan. 1, 201);
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;