Defendant shall be punished by a fine of 6 million won.

When the defendant does not pay the above fine, 10,000 won shall be one day.

Punishment of the crime

Defendant

A is a person who is engaged in a tXG driving service.

On April 3, 2020, the Defendant, at around 16:13, is driving a car with alcohol in a distance of about 300 meters from the cafeteria to the front road at the cafeteria-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter referred to as the “Seoul-gun”).

In the left hub section, safety fences were received and fall down on the debate.

After the report, the vehicle of the 119 emergency squad was sent to the hospital after the receipt of the report, and thereafter, the vehicle was sent to the hospital. Since there are reasonable grounds to recognize that the defendant was driven while under the influence of alcohol, such as the defendant's entrance, snicking from E Team security guards F of the Taean Police Station called to the hospital, and the snicking of the HGH was reduced.

Therefore, even though the Defendant was requested to take a drinking test for about 10 minutes by inserting the whole in a drinking measuring instrument from 17:50 to 18:00 on the same day, the Defendant did not comply with the drinking test by a police officer without justifiable grounds, such as explicitly expressing his/her intent to refuse the drinking test.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Images at the time of refusal to measure an accident site photograph or drinking;

1. Application of Acts and subordinate statutes to notification of the fact-finding survey report, report on the state of drinking drivers, details of measurement of drinking, and results of regulation of drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the selection of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has already been punished once due to the refusal to take a drinking level, and in addition, there is a high possibility of criticism by lowering the instant crime.

The defendant is responsible for the defendant's defense that he was aware of his memory before viewing a video recording of his refusal to take alcohol at the time of the examination of evidence in the process of this court examination.