Defendant shall be punished by a fine of KRW 14 million.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

[Criminal Power] On July 15, 2019, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

Around 17:20 on November 5, 2019, the Defendant was under the influence of alcohol in the form of drinking alcohol, such as drinking alcohol, smelling, drinking on the front of the 310-day Suwon World Cup No. 4, the Defendant was required to respond to a drinking test by inserting a drinking measuring instrument three-minutes between approximately 24 minutes by inserting the drinking measuring instrument into a drinking measuring instrument.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Photographs at the accident site and at the time of refusal to measure drinking;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes of one summary order;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of a fine concerning criminal facts, and the choice of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, even though he had a history of punishment once due to drinking driving, did not run again, and the occurrence of a traffic accident, and further, the police officer's refusal to take a drinking test is disadvantageous to the defendant.