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

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

Punishment of the crime

On June 28, 2018, at around 00:31, the Defendant driven a motor vehicle in front of the Incheon Bupyeong-gu, Incheon, Bupyeong-gu, without drinking, while driving a motor vehicle in front of the B, under the influence of alcohol, from the circumstances E belonging to the department of the Incheon Bupyeong Police Station D, the Defendant driven the motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant and sprinking red on the face.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 21 minutes into a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, on-site photographs, and crackdown images;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history, and investigation reports (verification during the period of repeated offense);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act with respect to the order of provisional payment is as follows: (a) the Defendant: (b) was under the influence of alcohol and without complying with a police officer’s request for a measurement of alcohol so that he/she does not send tobacco to him/her as soon as possible; (c) the enforcement officer and the police officer on control and the driver’s circumstantial statement; and (d) refused signature even in the report on the circumstances of the principal driver. In light of the circumstances and contents of the instant crime, the Defendant’s crime is not good; and (d) the Defendant was sentenced to imprisonment with prison labor on March 22, 2017 by aiding and abetting

9. After the completion of the execution of the sentence on July 29, 200, the Defendant committed the instant crime even during the period of repeated crime. On July 15, 2018, immediately after the instant crime, the Defendant once driving a drinking again while under the influence of alcohol with 0.092% alcohol concentration in the blood. The Defendant refused to measure the alcohol level.