Text
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
On March 19, 2016, the Defendant driven a motor vehicle in the influence of alcohol, such as drinking alcohol to the Defendant from a slope F belonging to the Seogsan Police Station E District, while driving a motor vehicle in the influence of “C” cosmetic in front of the Yannam-gun, Chungcheongnam-gun, Chungcheongnam-do. In the event that the Defendant driven a motor vehicle in the influence of alcohol, he/she driven the motor vehicle in the influence of alcohol by drinking alcohol to the Defendant from a slope F belonging to the Seogsan Police Station Ear.
Due to reasonable grounds, it was demanded to respond to the measurement of alcohol by inserting three times in a drinking measuring instrument and about 30 minutes.
Nevertheless, the Defendant refused to comply with a police officer’s request for alcohol testing without justifiable grounds by avoiding the method of keeping the drinking measuring instrument into his/her hands.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. A H statement;
1. Application of Acts and subordinate statutes to the ledger of survey reports on actual condition, photographs of accident, statement report on the situation of the driver in charge of driving, control records, and records of the use of drinking meters;
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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;