Defendant shall be punished by a fine of KRW 15,000,000.

If the defendant does not pay the above fine, the fine shall be 100.

Punishment of the crime

[Criminal Power] On July 5, 2013, the Defendant received a summary order of KRW 3 million from the Seoul Western District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 17, 2020, the Defendant, as seen above, was under the influence of alcohol and again stopped for a signal atmosphere from the Do located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, to the 239 within the air route of the city of Bupyeong-si, Seocheon-si.

피고인은 ‘스포티지 승용차가 비상등을 켠 채 도로 한가운데 멈춰 있다’는 신고를 받고 출동한 부천원미경찰서 C 소속 경찰관인 D로부터 피고인에게서 술 냄새가 나고 얼굴에 홍조를 띠는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 2020. 7. 17. 23:50경 및 23:58경, 2020. 7. 18. 00:11경 등 3회에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주측정에 응할 것을 요구받았음에도, 정당한 사유 없이 이에 응하지 아니하였다.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant’s legal statement, report on the results of the drinking driving control, inquiry into the results of the drinking driving control, report on the status of drinking drivers, investigation report on the status of drinking drivers (report on the status of drinking drivers), report on the status of drinking driving under the influence of alcohol, register of meters using the drinking meters, and field photographs

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act, the selection of fines (including the fact that the defendant recognizes the crime of this case and reflects the fact that the defendant recognizes the crime of this case, the time difference from the previous driving for drinking, and the fact that there is no other criminal records other than the fine once, etc.);

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued for the reasons above.