Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On 06:54 around 03, 2017, the Defendant driven a vehicle in Fnice on the front of an elementary school located in Seo-gu Incheon, Seo-gu, Incheon, while driving a Fnice on the front of the E elementary school, and received a report of 112 from the witness residents, and called up, the Defendant driven a vehicle under the influence of alcohol, such as the Defendant appeared to have a reaction to reduce drinking, smelling alcohol, and snicking on the face, etc.

인 정할 만한 상당한 이유가 있어 그때부터 07:28 경까지 총 3회에 걸쳐 약 30분 동안 음주측정기에 입김을 불어 넣는 방법으로 음주 측정에 응할 것을 요구 받았음에도 음주측정기에 입김을 불어 넣는 시늉만 하는 등 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. A report on investigation;

1. Application of Acts and subordinate statutes on control field photographs;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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 can be at issue as to whether the Defendant, including three-time criminal records due to drinking driving, has violated the traffic-related Acts and subordinate statutes, but has a large number of offenses subject to punishment under the Road Traffic Act, and thus, it is not good that the Defendant committed the instant crime of refusing a legitimate drinking test by the traffic officer on several occasions. However, although the Defendant attempted to return to the country through drinking and acting driving on behalf of the police officer on several occasions, when the Defendant got out of the house, he did not break the vehicle due to the failure of the Defendant, thereby leaving the vehicle within the wind of leaving the vehicle and leaving the vehicle at the house, and then started driving directly after leaving the vehicle at latest, and causes the traffic accident, thereby causing the police officer.