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] On December 21, 2007, the Seoul Central District Court issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving) at the Seoul Central District Court.

【Criminal Facts】

피고인은 2019. 10. 15. 02:07경 서울 강남구 B 앞 도로에서부터 같은 구 C 앞 도로까지 약 3km 구간에서 D 벤츠 승용차를 운전하던 중, 피고인의 승용차가 도로에 그대로 서 있다는 112 신고를 받고 출동한 서울강남경찰서 E파출소 소속 경사 F으로부터 피고인에게서 술 냄새가 심하게 나고 눈이 빨갛게 충혈되는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 같은 날 02:37경, 02:42경, 02:47경, 02:52경 4차례에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정요구를 받았다.

Nevertheless, the defendant did not comply with a police officer's request for the measurement of drinking without justifiable grounds, because he/she did not put his/her certificate into a drinking measuring instrument while knowing that he/she was a substitute driver.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Report on the results of the control of drinking driving and investigation (report on the circumstances of drinking drivers);

1. On-site photographs and drunk photographs;

1. Previous convictions in judgment: Criminal history records, inquiry reports, and application of one copy of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act that choose the penalty for a crime;

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 is highly necessary; the defendant has been punished by a fine due to a drunk driving (2007); the reason for the measurement of drinking alcohol in this case; the circumstances after the crime; the situation after the crime; the appearance of the defendant; and the age, occupation, and the defendant's age.