Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

On June 25, 2016, at around 20:40, the Defendant, while drinking alcohol on a road adjacent to the B hot spring frame in the Gu, was demanded to comply with a drinking test by inserting approximately 30 minutes a drinking measuring instrument into a drinking measuring instrument through which the Defendant, while driving the C 110cc Ora and driving the vehicle in the same direction as the front section of the Gu and the front section of the vehicle in the Gu and in the Si of the Gu, from the jurisdiction of the Si and the Gu, was sent to the Gu, the emergency room in the Gu and the vehicle was sent back to the Gu, the vehicle in the emergency room in the Gu and the Defendant was under the influence of alcohol due to considerable reasons to recognize that the Defendant was under the influence of alcohol, such as smelling from the D District Police Officer E in an emergency room, and scaring red on the face.

그럼에도 피고인은 측정기에 입만 대고 부는 시늉만 하고, 음주측정기를 등지는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Police investigation report (with respect to refusal to measure, etc. of noise);

1. A report on the occurrence of a traffic accident, a report on the actual state of the driver, a report on the actual state of the driver;

1. The report on the results of the crackdown on drinking driving and the use of a drinking measuring instrument;

1. Application of five on-site photographs in Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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

1. The fact that the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order reflects the defendant's wrong recognition of his/her mistake, and the fact that economic circumstances are difficult. However, considering the fact that the defendant has the records of punishment several times as the same kind of crime, the punishment imposed by a similar case, equity of the criminal punishment prescribed by the Road Traffic Act, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and all other circumstances constituting conditions for sentencing, such as the defendant's age