Defendant shall be punished by a fine of KRW 13,000,000.

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

Punishment of the crime

[Criminal Power] On November 28, 2013, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) in the Gyeyang District Court of Suwon on November 28, 2013.

【Criminal Facts】

On May 7, 2020, at around 00:58, the Defendant: (a) driven CK5 car at the GK5’s underground parking lot in Suwon-gu, Suwon-gu, Suwon-si; (b) received 112 reports to the effect that “the Defendant is suspected of driving under the influence of alcohol”; and (c) the Defendant was demanded to comply with the measurement of drinking alcohol by inserting a drinking measuring instrument three minutes of the 20-minute, such as smelling and smelling on the face of the Defendant, from the police box of the Suwon-gu, which called “the Defendant is suspected of driving under the influence of alcohol.”

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Reports on internal investigation into the defendant's legal statement (field conditions, arrest circumstances, etc.);

1. Notification of the report on circumstantial statements of a drinking driver and the control results of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, return to investigation (A), report on investigation (former and previous records), and application of one copy of summary order Acts and subordinate statutes;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, who has been punished for driving under the influence of alcohol, drives under the influence of alcohol, fails to comply with a police officer's demand for taking a alcohol test, and the nature of the crime is not somewhat and is highly likely to be criticized, and it is also necessary to impose a severe punishment.

Considering the risk of drinking driving to many unspecified persons and the purport of the amendment of the law raised by statutory penalty, the quality of the crime is not weak.

However, there is a criminal record that the defendant is led to confession and reflect, and has yet to exceed the fine.