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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving business of two-wheeled vehicles.
On August 4, 2013, at around 18:50, the Defendant driven a B-wheeled Vehicle with B while drinking alcohol from the front day of the gas station in Yongsan-gu, Yongsan-gu, Seoul, 56-ro Gakx.
The Defendant received 112 report that a drinking accident occurred and received 112 report, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a fluor C and one other than a slope C, and a smelling the alcohol, and a bluoring on the face, etc., he was demanded to comply with the measurement of drinking by inserting the bluor into a drinking measuring instrument over about 30 minutes.
피고인은 그럼에도 불구하고 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 2013. 8. 5. 19:15경 1차, 19:28경 2차, 19:40경 3차례에 걸쳐 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 user ledger of a drinking-free driver’s circumstantial statement and a drinking-free measuring instrument (three-time rejection ledger for measurement);
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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;