Defendant shall be punished by a fine of 7.5 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

[criminal power] On September 23, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act in the Youngju District Court’s Youngdong Branch, and a summary order of KRW 3 million as a fine at the Suwon District Court on September 7, 2016, respectively.

【Criminal Facts】

On November 14, 2019, at around 23:35, the Defendant was required to respond to the drinking test by inserting the breath on five minutes from around 23:5 on the same day to November 15, 2019 from around 20:0 to around 20:15, in a total of five minutes from the 20 minutes of the drinking measuring instrument, while driving a motor bicycle at the exit of 606 Shinnam-gu, Gangnam-gu, Seoul, along with a significant reason to recognize that the Defendant was under the influence of alcohol, such as the operation of a motor bicycle kick, a motor bicycle kick, red, trans-distance, and snowing.

Nevertheless, the Defendant did not comply with a police officer’s request for a sobreath test without justifiable grounds, stating that “I are not driving under the influence of alcohol, but try to cover the police,” and did not comply with the police officer’s request for a sobreath test.

As a result, the defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A witness's statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Control note and report processing statement of 112 reported case;

1. Investigation report (No. 18 No. 5 of the evidence list);

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to the same summary order) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (2) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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 seems to have been difficult at the time of the instant case, and eventually, it exceeded the limit.