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1. The defendant shall be punished by a fine of 6,00,000 won;
2. If the defendant does not pay the above fine, fifty thousand won.
Reasons
Punishment of the crime
On February 19, 2013, the Defendant driven the Cunst Motor Vehicle Quantities around 15:20 on Feb. 19, 2013, resulting in a traffic accident that meets the signs installed at the center of the road while driving the Japanese apartment house in front of the Japanese apartment zone located in the Gyeongsan-si.
The Defendant, upon receiving the report in relation to the foregoing traffic accident, moved to the D District Unit E along with the slope E belonging to the D District Unit, and was demanded to take a drinking test four times from the above E on February 19, 2013 to the 16:50 on the same day.
At the time, there was a considerable reason to recognize that the Defendant was driving under the influence of alcohol because the Defendant was snicking, inabrupted, and was ina large and inaccurate manner.
Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the Acts and subordinate statutes to each of the reports on the occurrence of a traffic accident, reports on the circumstances of the driver, on-site photographs, or images;
1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.
3. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant reflects the crime, and that the defendant's health or home form is not good.
However, in light of the fact that the defendant who can have been tried before drinking driving again commits the crime of this case and causes physical damage by causing a traffic accident during drinking driving, it is not good to commit the crime.
In addition, the punishment shall be determined as per the Disposition, comprehensively taking into account all the circumstances shown in the argument of this case.