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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On October 4, 2012, around 20:45, the Defendant, at Jeju City, performed alcohol from the dry field of the Defendant, at Jeju Island, to the point of 300 meters from the west of the Stample located at Chocheon-si, Chocheon-si, Chocheon-si at Jeju, and was running a dump and 1 ton cargo vehicle on the road.

The Defendant was requested from the Jeju East Police Station Assistant E to respond to the measurement of alcohol on the ground that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as smelling, smelling red, etc.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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 provisional payment order [the scope of punishment] 5 million won or more to 10 million won has considerable grounds to recognize that the Defendant was driving under the influence of alcohol at the time of the instant crime, and thus refusing to take a alcohol test by a police officer without justifiable grounds, and the nature of the crime is poor, and the Defendant has a record of being punished for the violation of the Road Traffic Act prior to the instant crime.

However, in light of the favorable circumstances such as the defendant's mistake and reflects against his own mistake in this court, and this case is a case where only the defendant requested formal trial against the summary order of KRW 5 million issued to the defendant, and thus, the defendant cannot be sentenced more severe punishment than that of the summary order in accordance with the principle of prohibition of disadvantageous alteration (Article 457-2 of the Criminal Procedure Act).