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 November 22, 2012, at around 05:50, the Defendant, while driving a 743 Nowon-gu Seoul Special Metropolitan City Nowon-gu Nowon-gu 743 Nowon-gu's 743 Nowon-gu's Round in a drinking condition, caused contact accidents, and the Defendant was requested by the Seoul Nowon Police Station Traffic Investigation Assistant C to comply with the drinking measurement by inserting a drinking measuring instrument over about 30 minutes, on the ground that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as smelling and smelling the face from the driver of the traffic survey division of Seoul Nowon-gu Police Station. However, the Defendant did not comply with the drinking measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a statement in the circumstances of the host driver;

1. Report on internal investigation (related to refusal to measure alcoholic beverages);

1. Application of Acts and subordinate statutes to photographs rejecting suspect measurement;

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 of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the current Road Traffic Act, in light of the fact that the driver who is suspected of driving under the influence of alcohol actually drives the act of refusing to take a drinking test without any justifiable reason, thereby securing the effectiveness of regulating drinking driving, thereby securing the effectiveness of regulating driving under the influence of alcohol and preventing risks and obstacles to road traffic, it is inevitable to punish the defendant.

However, the sentence shall be determined as ordered in consideration of all the sentencing factors shown in the arguments in this case, such as the defendant's age, character and conduct, motive, means, result, and circumstances after the crime, etc., that the defendant has committed a crime against the wrong person, that the defendant does not have any previous record, and that the defendant does not have any previous record.