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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On September 25, 2012, at around 02:55, the Defendant did not comply with the measurement without justifiable grounds, even though the Defendant received a request for a alcohol test on three occasions from the Senior F of the Seocho Police Station E (a police officer), a police officer, to take three occasions from around 03:50 on September 25, 2012, when he was under the influence of alcohol from the front of the building 1458-2, Seocho-gu, Seocho-gu, Seoul, to the front of the 1675.
Summary of Evidence
1. Defendant's legal statement;
1. A certificate of measurement of drinking alcohol, a report on the state of drinking drivers' statement, a report on the control of drinking driving, and an investigation report (Evidence Nos. 9, 13).
1. The application of the Acts and subordinate statutes on the distance limits for suspect drinking and driving;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;
1. Articles 70 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 [the scope of punishment] 5 million won or more to 10 million won is a considerable reason to recognize that the Defendant was driving under the influence of alcohol at the time of the instant crime, and thus refusing to take a alcohol test by a police officer without justifiable grounds, and the nature of the crime is poor, and the Defendant had a record of being punished for the violation of the Road Traffic Act prior to the instant crime.
However, this case is a case where only the defendant requests formal trial against the summary order of a fine of KRW 5 million issued to the defendant, and the defendant cannot be sentenced more severe punishment than that of the summary order pursuant to the principle of prohibition of disadvantageous alteration (Article 457-2 of the Criminal Procedure Act).