Defendant shall be punished by a fine of KRW 5,000,000.

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

Criminal facts

On March 26, 2008, the Defendant issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act ( sound driving) from the Suwon District Court's Net Branch on December 27, 2010, KRW 3.5 million as a fine for the same crime from the Gwangju District Court's Netcheon Branch on February 25, 2014, and KRW 5 million as a fine for the same crime from the Gwangju District Court's Netcheon Branch on February 25, 2014. On June 22, 2018, the Defendant was sentenced to imprisonment for the same crime from the Gwangju District Court's Net Branch on June 22, 2018.

On July 15, 2020, at around 21:55, the Defendant expressed his intention of refusal clearly and did not comply with a police officer’s request for the measurement of alcohol without justifiable grounds, even though he was required to take a drinking test by inserting the breath of alcohol in a manner that she was under the influence of alcohol, as there are reasonable grounds to suspect that he was driving in the state of alcohol, such as smelling alcohol from a slope E at the driver’s front parking lot of the Inn-si B apartment C, and her face, such as her red belting.

Summary of Evidence

1. The F’s statement in the Defendant’s legal statement is the state driver’s statement, the report on the circumstantial statement, and the report on the result of the control of drinking driving (with respect to attaching related images);

1. Previouss before and after judgments: Criminal records, replys to criminal records, judgments, and application of Acts and subordinate statutes of each summary order;

1. Relevant statutory provisions concerning criminal facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose a penalty, Articles 53 and 55 (1) 3 of the Criminal Act that determine discretionary mitigation of fines;

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 of the provisional payment order is that the defendant, even though he/she had a record of criminal punishment several times due to drinking driving, once again drives alcohol while drinking, and furthermore, has committed an act of refusing to measure drinking, and the risk is very high.

However, it seems that the defendant shows a attitude to reflect his mistake in depth, that again disposes of the vehicle possessed by making the defendant not to drive under the influence of alcohol, and that the situation in which the driver was to drive under the influence of alcohol is considered.