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

On January 9, 2019, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act by the Jung-gu District Court.

On September 19, 2019, around 04:40 on September 19, 2019, the Defendant was demanded to respond to a drinking test by inserting the whole in a drinking-free measuring instrument four minutes for about 20 minutes, such as the Defendant’s walking condition, in an inaccurate, inaccurate, and red-lighting on the face, from the circumstance E of the Seoul Western Police Station D Zone that was dispatched after receiving 112 report while driving a two-way mobile vehicle, which is a two-way mobile vehicle not covered by mandatory insurance, from around 6.5km to Seoul Gangnam-gu, Seoul.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and operated a motor vehicle which is not covered by mandatory insurance.

Summary of Evidence

1. Statement of the defendant in the second protocol of trial;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Mandatory insurance policies;

1. Videos which refuse to measure drinking;

1. Reporting on investigation (Attachment of summary order) and application of Acts and subordinate statutes concerning criminal records;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (2) of the Road Traffic Act, Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the order of provisional payment has no criminal record except for a fine imposed once due to drunk driving, and the defendant.