Text
Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On September 14, 2007, the Defendant received a summary order of KRW 1 million from the Seoul Western District Court to a fine for a violation of the Road Traffic Act, and on October 11, 2007, a summary order of KRW 1 million from the Incheon Western District Court to a fine for the same crime.
On November 23, 2019, the Defendant: (a) while driving a drinking-free car B at the Osan-si parking lot located in 141, as Osan-si, in a state of drinking on November 23, 2019, the Defendant was requested to comply with a drinking test by inserting alcohol in a manner of inserting alcohol into a drinking measuring machine three times between around 00:52 and 01:06 on the same day on the same day; (b) while there are reasonable grounds to recognize that he/she was driving a drinking-free car B in a state of drinking, he/she did not comply with a request for a drinking test by a police officer without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. A written self-written statement of E;
1. Traffic accident report (1) (1) (report on actual condition survey report), report on the occurrence of a traffic accident, report on the actual state of the driver concerned, report on the investigation, report on the actual state of the driver concerned, and report on the results of the drinking control;
1. Photographs;
1. Previous records of judgment: Application of criminal records, repeated statements and investigation reports (report on confirmation of criminal records) Acts and subordinate statutes;
1. Relevant Article 148-2 (1), and Article 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, the choice of fines;
1. Article 53 and Article 55 (1) 6 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):
1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;
1. The fact that the defendant committed the crime of this case which refused to measure alcohol although he had the record of punishment as before the judgment, which had the reason for sentencing under Article 334(1) of the Criminal Procedure Act, is disadvantageous to the defendant.
On the other hand, the defendant, while recognizing the crime of this case, did not repeat again, and did not contribute to society.