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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
On February 26, 2016, the Defendant driven a motor vehicle of the Defendant under the influence of alcohol on the roads of a livestock box in front of a livestock box in front of a livestock box in front of a livestock box in the territory of the Young-gu, Chungcheongnam-gun, etc. on February 26, 2016, while driving the motor vehicle of the Defendant under the influence of alcohol, such as stating the Defendant’s speech and behavior from D while keeping the police box in front of a livestock box in front of a livestock box in front of a livestock box in the territory of the Young-gu, Seoul.
Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting approximately 35 minutes in a drinking measuring instrument.
그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.
Summary of Evidence
The Defendant’s refusal of alcohol measurement based on the sentencing of Articles 148-2(1)2 and 44(2) of the Criminal Procedure Act, including the arrest report of the Defendant’s legal statement, the arrest report of the principal driver, the vehicle driver’s circumstantial report, the vehicle driver’s license ledger, the vehicle inquiry, the application of the law to inquire about the criminal facts subject to the application of the law as a result of the crackdown on the driving of alcohol, and Articles 148-2(1)2 and 44(2) of the Road Traffic Act, and Articles 70(1) and 69(2), and 334(1) of the Criminal Procedure Act, of the Act on the Provisional Payment Order, makes it impossible for the Defendant to regulate the driving of alcohol, thereby making it impossible for the Defendant to take into account the traffic safety and the equality with the drinking driver who responded to the measurement. When the Defendant drives alcohol again after being sentenced to a fine once, it is disadvantageous for the Defendant to the Defendant.
However, considering the favorable circumstances that the defendant recognized the crime and reflects the fact, the order is issued in consideration of all kinds of sentencing conditions, such as the defendant's age, sexual conduct, environment, motive, background, means and consequence of the crime, and the circumstances after the crime.