Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On May 16, 2012, at around 00:18, the Defendant was driving with approximately 200 meters in volume C 125cc of 589-22 to the upper road of the Dobong-gu Seoul Metropolitan Government, which is a place of detection by the Dobong-gu Seoul Office on the Dobong-dong Dobong-gu, Seoul, and the Defendant was found to have drinking at the reporter and the city’s expense, and the Defendant was found to have been aware of drinking. However, the Defendant requested a drinking test on three occasions by a police officer’s drinking test without good cause.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. E statements;

1. Report on the circumstances of a drinking driver, inquiry into the results of the control of drinking driving, and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes concerning enforcement report, explanatory note, detailed inquiry, and each investigation report;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 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 current Road Traffic Act of the date of sentencing of the order of provisional payment is that the driver who is suspected of driving under the influence of alcohol is punished corresponding to the case where the driver actually drives a drinking test without any justifiable reason, thereby securing the effectiveness of regulating driving under the influence of alcohol, and preventing risks and obstacles to road traffic, and the defendant committed the instant crime even though he had a large number of criminal convictions and had a record of being punished for driving under the influence of alcohol on September 2, 201, and the defendant seems to drink a large amount of alcohol at the time of the instant crime.

However, there are many sentencing factors in the trial process of this case, such as the defendant's age, environment, occupation, family relationship and conditions before and after the crime.