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

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On October 6, 2020, the Defendant was sentenced to six months of imprisonment with prison labor for public performance and obscenity (No. 87 of the evidence record) at the Chuncheon District Court (No. 2020dan714 of November 4, 2020). The judgment became final and conclusive on November 4, 2020.

On the other hand, the Defendant was sentenced to a fine of KRW 1,500,000 for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on April 5, 2012 (see, e.g., 70 of the evidence record) and became final and conclusive (see, e., Supreme Court Decision 201Da3452). ② On September 12, 2014 (see, e.g., Supreme Court Decision 67 pages), the government district court issued a summary order of KRW 3,00,00 for a violation of the Road Traffic Act (see, e.g., Supreme Court Decision 2014 High Court Decision 9596).

Criminal facts

피고인은 2020. 7. 15. 19:30경(증거기록 제22쪽 참조) 강원 홍천군 B에 있는 C 앞 도로에서 원스텝 8C 전동킥보드(최고속도 25km /h, 중량 약 18.5kg )를(증거기록 제26쪽 참조) 운전하다가, 피고인의 얼굴이 붉고 비틀거리며 걷는 등 술에 취한 상태에서 운전을 하였다고 인정할만한 상당한 이유가 있어(증거기록 제42쪽 참조), 홍천경찰서 D지구대 소속 경찰관 E로부터 수차례에 걸쳐 ‘피고인이 음주측정에 응할 것’을 요구받았다.

Nevertheless, the Defendant did not comply with a police officer’s request for a alcohol test without justifiable grounds, stating that “I have to make the same noise as the fluence. I have to do so. I have to do so. I have to do so.”