Defendant shall be punished by a fine of 12,000,000 won.

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

Punishment of the crime

[Criminal Power] On July 27, 2011, the Defendant was issued a summary order of KRW 1,000,000 as a crime of violating the Road Traffic Act by this court.

【Criminal Facts】

At around 01:50 on May 23, 2020, the Defendant was required to respond to the measurement of alcohol by inserting the alcohol measuring instruments three times in total for about 19 minutes, on the grounds that there are reasonable grounds to suspect that he was under the influence of alcohol, such as smelling in the Defendant’s entrance from E, a policeman belonging to the D police station, and a police officer of the D police station called up after receiving 112 a report, and drinking from E, a police officer belonging to the D police station, and a police officer F, who is called up with the Defendant at the seat of the Defendant.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

As a result, the Defendant violated the prohibition of drinking driving or drinking refusal to take a drinking test more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Report on the circumstantial statement of a drinking driver, written confirmation of drinking test, and inquiry into the results of the regulation of drinking driving;

1. The user ledger of the measuring instruments for drinking;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions in judgment: Application of criminal history records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (2) and 44 (2) of the Road Traffic Act which choose the penalty;

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 [the scope of punishment] The defendant has a history of having already been punished by a fine of 10,000,000 won from 20,000 won to 200,000 won (the decision of sentence] fine of 12,000,000 won, and the defendant, however, has refused to comply with the police officer's lawful demand for a alcohol test after driving a vehicle while drinking alcohol, and the attitude of refusing to comply with such demand is very poor. In light of the above, a strict punishment corresponding to the defendant's act is imposed against the defendant.