Defendant shall be punished by a fine of KRW 7,000,000.

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

Criminal facts

On November 4, 2017, around 05:10 on November 4, 2017, the Defendant, at the C cafeteria parking lot located in Gangdong-gu Seoul Metropolitan Government, has driven approximately 10 meters after driving the D Golf2.0 TID BM car.

Upon receipt of a report, F was driven under the influence of alcohol by the defendant with red face, with smelling at the entrance, so as to reduce drinking, and the defendant was driven under the influence of alcohol.

there was a reasonable reason to determine the person.

On November 4, 2017, the Defendant was demanded to respond to the measurement of alcohol in such a way that he/she puts the measuring instruments into a drinking measuring instrument three times on three occasions in both the first and second occasions around 06:10 on the same day, and the second day around 06:20 on the same day.

Nevertheless, the defendant, without good cause, failed to comply with a police officer's request for measurement of drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of G and H prepared;

1. Report on internal investigation (the details of the receipt of the case and the rejection of measurement of drinking alcohol);

1. A survey report on actual conditions;

1. Application of a manual of control, a report on the situation of the driver in charge, a field photograph, a victim's previous photograph, and a denial of measurement by statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the defendant had a history of criminal punishment for driving under the previous influence of alcohol (two times ad hoc punishment). In addition, the defendant driving a motor vehicle after drinking alcohol and refused to comply with a request for measurement of drinking by the control police officer without good cause. The liability for the crime is not easy.

However, the defendant recognized the crime of this case and reflected his mistake.

The distance of drinking driving is about 10 meters, and there is no record of criminal punishment exceeding the fine.

The above circumstances are favorable to the defendant.