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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
1. Around 01:53 on July 30, 2012, the Defendant was demanded to respond to the drinking test by inserting alcohol into a drinking measuring machine for approximately 20 minutes from around 02:57 of the same day, on the ground that there are reasonable grounds to recognize that the Defendant driven a motor vehicle while under the influence of alcohol, such as smelling alcohol at a slope D belonging to the Changwon Police Station C District, etc., while driving a motor vehicle in front of national highways, Rosegr apartment at the window of Changwon-si, which is located in the 417-7-7, a city of Changwon-si.
Nevertheless, the defendant did not comply with a police officer's request for a drinking test without any justifiable reason during a drinking measuring instrument.
2. Around July 30, 2012, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on July 30, 2012, driving approximately one meter of B automobiles on the front side of national highways, Rose of Sharon apartment at Changwon-si, which was located in the 417-7 Do road guidance of Changwon-si without a driver’s license.
Summary of Evidence
1. Statement of the police statement of E;
1. An explanatory note and a written statement of control;
1. Report on the statement of the situation of a drinking driver, a report on the entry of a drinking driver, a notice of completion of correction, a letter of drinking alcohol measurement, and a photograph of refusing to measure drinking;
1. Application of the statutes on the register of driver's licenses;
1. Relevant statutory driving without obtaining a license for a crime: Subparagraph 1 of Article 152 or Article 43 of the Road Traffic Act to refuse to measure a drinking alcohol: Article 148-2 (1) 2 or Article 44 (2) of the Road Traffic Act;
1. Selection of an alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Act of the Provisional Payment Order;