도로교통법위반(음주측정거부)
Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
[criminal record] The Defendant was under influence on October 31, 2017, and was sentenced to suspension of indictment at the Seoul Western District Prosecutors' Office on November 28, 2017.
【Criminal Facts】
On April 16, 2020, the Defendant was arrested as a flagrant offender of the violation of the Road Traffic Act (driving) by G, a police box belonging to the police box in the Y of the Yanannam-dong Police Station, the police box in the Y of the Yanannam-gu, Chungcheongnam-gu, Yandong-gu, the defendant was arrested as a flagrant offender of the violation of the Road Traffic Act (driving) and was transferred to the F box in the Y of the Yannam-gu, Yannam-gu, and the defendant was under the influence of alcohol by driving the D freight on the front side of the Yannam-gu, Yannam-gu, Yandong-gu, Yannam-gu, and the defendant was under the influence of alcohol at around 10:40 on April 16, 2020. On the same day, there is considerable reason to recognize that the defendant was under the influence of alcohol, such as moving the face, snowing, etc., and did not comply with the request of a police officer without justifiable reason.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation status (verification of past records of violation of Article 44 (1) of the Road Traffic Act) and Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of a fine concerning criminal facts, and the choice of a fine;
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 of the provisional payment order requires strict punishment for a crime that may cause serious harm to the life and body of others. The defendant does not comply with the measurement of drinking although there are reasonable grounds to recognize that he/she was a drunk.