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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 May 25, 2019, at around 22:38, the Defendant was under the influence of alcohol in front of Dongdaemun-gu Seoul, Seoul, and was reported that he would be suspected to drive under the influence of alcohol, and the Defendant was under the influence of alcohol from the head of the police box affiliated with the police box of the Dongdaemun-gu Police Station, Dongdaemun-gu Police Station, which was called after receiving a report that he was under the influence of alcohol in front of Dongdaemun-gu Seoul, and was under the influence of alcohol, and there was considerable reason to recognize the Defendant as driving under the influence of alcohol, such as smelling, sniffing on the face, making a total of twice a drinking reduction by using a drinking reduction apparatus, and was requested to wait at the place during which he was under the influence of alcohol in other places to measure the alcohol with a drinking measuring instrument.
Nevertheless, the defendant, however, failed to comply with a police officer's request for alcohol testing without any justifiable reason, because he/she runs away to an inorganic place with the intention of refusing to comply with a drinking test by concerns that drinking driving will be discovered when the defendant makes a measurement by a drinking gauge.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Schedule of enforcement of E;
1. 112 reported case handling table;
1. Investigation report (report on the circumstances of an employer-employed driver), report on the circumstantial statement of an employer-employed driver, and report on detection of an employer-employed driver;
1. A report on internal investigation (a report on the analysis of images taken by a Hand), a report on internal investigation (the fact that the person under suspicion is under the influence of alcohol);
1. A criminal investigation report (whether a suspect is driving or not), a criminal investigation report (a suspect's escape);
1. Application of the Acts and subordinate statutes on CD images taken by police officers who were not in compliance with a drinking measurement, and CCTV images at the site;
1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;
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;