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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
Criminal facts
On March 26, 2017, the Defendant, while under the influence of alcohol, driven a vehicle of QM5 on the front of D in Yangsan-si, Yangsan-si, with drinking on the front of D, and repeating that the Defendant had driven a vehicle of about 50 cm before and after the distance of about 50 cm. The Defendant, while under the influence of alcohol, driven a vehicle of around 19:20 on the front of D, with drinking.
As there are reasonable grounds to recognize that the Defendant’s drinking operation is doubtful, the Defendant was required to respond to the alcohol alcohol measurement by inserting approximately four minutes in total from around 19:35 to around 20:10 on the same day from the slope G belonging to the Yangsan Police Station Facstation, which was called out after receiving a report from the Defendant, to the effect that the Defendant’s drinking would be doubtful.
Nevertheless, the defendant refused this and did not comply with a police officer's request for measurement of drinking without any justifiable reason.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of the Acts and subordinate statutes of the table indicating the occurrence of the case, the arrest report of the case, the inquiry of the results of crackdown on drinking driving, the notification of the results of crackdown on drinking driving, the circumstantial report of the driver under the influence of alcohol, the ledger of measuring instruments using drinking, the
1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is a fine for a violation of the Road Traffic Act in 2010; a fine is imposed for a violation of the Road Traffic Act in 2014; and the defendant has been driving a vehicle with the third alcohol at this time;
Although there are reasonable grounds to recognize it, it is required by police officers to respond to the measurement of drinking, it is refused to do so. However, in consideration of the fact that there is no criminal history of the defendant except the above two fines, and that the defendant repents his mistake, the punishment shall be determined like the order.