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 August 11, 2017, the defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Cheongju District Court's Cheongju branch on August 11, 2017.

On November 2, 2019, at around 01:18, the Defendant: (a) driven a fsch Rexroth car from “Cju” located in Chungcheong-gun B to “E convenience store” located in D; and (b) around 02:20 on the same day, the Defendant was required to comply with the measurement of alcohol by inserting the breath in a manner of inserting the breath, inasmuch as there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol at the same time as he was driving on the street before the said “E convenience store.”

Nevertheless, the Defendant refused to put the whole in a drinking measuring instrument, thereby failing to comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Statement of the police officer to I;

1. Criminal records: Criminal records, reply reports (A), investigation reports (reports on the confirmation of the same kind of power), and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty for a crime;

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

1. The sentence shall be imposed in consideration of the confession of the reason for sentencing, the circumstances leading up to the crime, the period of recidivism, the degree of blood alcohol during the previous drunk driving, the criminal records, the circumstances after the crime, and other conditions of sentencing under Article 334(1) of the Criminal Procedure Act.