Text
Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On December 9, 2012, at least 01:12, the Defendant was required to comply with a drinking test by inserting approximately 40 meters section B, i30 meters, up to the 339-3 high-speed apartment house front of the Guro-gu Seoul High-gu, Guro-gu, Seoul, with a red, and the face of the Defendant’s face while driving under the influence of alcohol, such as a longer distance, on the road prior to the front of the 339 high-speed apartment house.
Nevertheless, the Defendant did not put the whole in a drinking measuring instrument, and avoided it, and did not comply with a police officer’s request for a drinking test without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A E-document;
1. A report on detection of a host driver;
1. Application of Acts and subordinate statutes to the ledger of use of drinking meters;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;
1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
1. Articles 70 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;