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

If the defendant does not pay the above fine, KRW 100,000.

Criminal facts

On May 5, 2019, from around 05:39 to around 05:47 of the same day, the Defendant was demanded to comply with a drinking test by inserting alcohol in a manner of inserting the breath of convenience stores located in Namdong-gu Incheon Metropolitan City, and making it reasonable for the Defendant to recognize that the Defendant was driven under the influence of alcohol, such as smelling from D and drinking on the face of a police officer belonging to the Incheon Southernnam Police Station C District Unit of the Incheon Southern Police Station, dispatched upon receipt of a report.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (amended by Act No. 16307, Dec. 24, 2018; Act No. 16307, Jun. 25, 2019); [Selection of a fine, taking into account the fact that there exists no record of criminal punishment except for the defendant who has been issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act on June 8, 2018; and that there is no record of criminal punishment except for the defendant being issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;