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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On August 7, 2014, the Defendant, while under the influence of alcohol around 22:0, caused a traffic accident while driving a D car from approximately 300 meters away from the front of the Mapo Office of Education to the front of the Mapo City Ccafeteria located in the Mapo City B.
The Defendant received a report on the occurrence of a drinking traffic accident on the grounds that there is a reasonable ground to recognize that he was driven while under the influence of alcohol, such as smelling and smelling red on the face of alcohol, and received a request for complying with the measurement of drinking alcohol by inserting approximately 22:42 to 23:02 of the same day from the policeman F belonging to the relevant police box of the relevant wooden police station, who was called out, for a brea G during approximately 20 minutes of the same day.
Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole breath of a drinking measuring instrument.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the state of the operation of a motor vehicle;
1. The user ledger of the measuring instruments for drinking;
1. Application of investigation report (No. 8 pages of evidence record), enforcement photographic Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the selection of fines, the defendant's error, recognition of and reflects on his/her own fault, the defendant has no record of criminal punishment other than punishment once sentenced to a fine in 2009, and the defendant has no record of criminal punishment for drunk driving, and the defendant shall be selected by a fine in consideration of his/her age, character and conduct, family relationship, etc.);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;