Defendant shall be punished by a fine of KRW 10,000,000.

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

Punishment of the crime

On January 9, 2020, at around 06:25, the Defendant stopped at the left-hand lane while driving a BSP car while under the influence of alcohol on the front of the intersection of the JSP car in the JSP at the SP.

잠이 들어, 112신고를 받고 출동한 화성동탄경찰서 C지구대 소속 경사 D 등으로부터 피고인에게 술 냄새가 나며 얼굴이 붉은 상태로 비틀거리고 음주감지기에 음주감지가 되는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 같은 날 06:28경부터 06:56경까지 3회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았음에도 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 음주측정이 불가능하도록 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation, a photograph of the scene of detection, and a report on investigation;

1. Application of Acts and subordinate statutes to report on the circumstantial statements and investigation report of a host driver;

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 of Article 334(1) of the Criminal Procedure Act with regard to the crime in this case is that the defendant who drives a vehicle while drinking alcohol refuses to comply with the measurement of drinking alcohol by a police officer, and the nature of the crime is not weak;

However, in light of various circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of crime, means and consequence, etc., the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant's primary offender is the defendant; and (b) the defendant's primary offender is the defendant; and (c) the sentencing conditions indicated in the record, such as