Defendant shall be punished by a fine of KRW 10 million.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Punishment of the crime

On February 10, 2015, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) from the Incheon District Court.

On November 23, 2019, around 00:14, the Defendant is driving a B-Ad passenger car while drinking alcohol at the public parking lot of Gyeyang-gu Incheon Gyeyang-gu 53-ro, Gyeyang-gu, Incheon (Calculation Dong).

신고를 받고 출동한 인천계양경찰서 C계 경위 D로부터 ‘술 냄새가 심하게 나고 눈이 빨갛게 충혈되고 혀가 꼬여 발음이 부정확한 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유’가 있어 음주측정기에 입김을 불어 넣는 방법으로 음주측정에 응할 것을 요구받았음에도, 정당한 사유 없이 위 경찰공무원의 음주측정 요구에 응하지 않았다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes of inquiry reports and investigation reports (report accompanied by a copy of a summary order);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act (to be punished by a fine in consideration of the circumstances against his/her mistake, etc., in addition to cases where the defendant has received a summary order of a fine of KRW 4 million from the Incheon District Court on February 10, 2015 as a crime of violating the Road Traffic Act, and he/she has no criminal record of the same kind, and to make

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 of the provisional payment order;