Defendant shall be punished by a fine of KRW 15,000,000.

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

Punishment of the crime

On May 1, 2015, the Defendant received a summary order of KRW 5 million from the Seoul Eastern District Court as a crime of violation of the Road Traffic Act.

At around 23:00 on July 22, 2020, the Defendant was required to comply with the drinking test by inserting a drinking measuring instrument between 23:49 and 20 minutes in a breath, while driving the BK7 car in front of the 1 tower at the right line of Suwon-si. On July 22, 2020, the Defendant was under reasonable grounds to recognize that he was under the influence of alcohol, such as smelling, smelling, making a snick on the face, etc., while driving the BK7 car at the right line of drinking.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. On-site photographs;

1. Records before judgment: Application of criminal records, etc. inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2(1) and 44(2) and (1) of the Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of fines for criminal facts

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant, including the previous conviction in the judgment, had a record of being punished for a drunk driving, and the person committed the crime of this case which does not comply with the police officer's measurement of drinking, and that there is no motive or reason to take into account that the crime of this case is committed is disadvantageous to the defendant.

On the other hand, the fact that the defendant seems to have the attitude to recognize and reflect the crime of this case is favorable to the defendant.

In addition, the age, character and conduct of the defendant, and the motive and background of the crime.