Defendant shall be punished by a fine of KRW 10,000,000.

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

Punishment of the crime

On September 11:25, 2020, the Defendant driven a motor vehicle with C LA while drinking on the front side of Seo-gu Daejeon, Seo-gu, Daejeon. On September 3, 2020, the Defendant driven a motor vehicle under the influence of alcohol by drinking alcohol to the Defendant from E in the circumstances belonging to the District Unit of the Daejeon District Police Station D, Daejeon, by drinking alcohol to the Defendant and raising red on the face.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting approximately 10 minutes into a drinking measuring instrument on a ten-time basis.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Application of Acts and subordinate statutes governing the defendant's legal statement, internal investigation report and on-site inspection report (on-site inspection report of the driver in charge);

1. Relevant Article of the Act and Articles 148-2 (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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: A fine of at least five million won, but not exceeding twenty million won;

2. Circumstances unfavorable to the defendant in determining a sentence: A person who has driven a vehicle in the state of main employment;

The nature of a crime refusing to measure the state of the police officer's driving even if there are reasonable grounds to recognize that the police officer's state of driving is more bad than that punished in accordance with the blood alcohol concentration quantity in response to the state of his/her driving measurement.

must be viewed.

However, it is because those who have driven alcohol would be able to avoid punishment corresponding to the nature of the crime by refusing to measure drinking.

The circumstances favorable to the defendant: After this case, the defendant recognized the fact of driving in the state of drinking, and took advantage of the fact that the defendant was a serious crime of refusing to measure drinking.

There is no record of investigation or punishment that the defendant has taken one time to suspend indictment.

(e).