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

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

Punishment of the crime

Around 04:43 on October 8, 2019, the Defendant was driving a motor vehicle with Creshion on the front side of the Suwon-gu Suwon-si B, Suwon-si, and reported 112, and there is considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as smelling, drinking, drinking, drinking, drinking, walking, etc. from E, a police officer belonging to the Suwon-gu Police Station D District Unit of the Suwon-gu, Suwon-gu, Police Station, which was called out after receiving 112 of the report, and driving the motor vehicle. Accordingly, the Defendant was requested to comply with the drinking measurement by inserting the drinking measuring instrument three times for about 15 minutes from around 04:48 of the same day to around 05:10 of the same day, but the Defendant did not comply with the demand for the drinking test by a police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Report on the circumstances of the driving of a motor vehicle;

1. The circumstantial statement of the employee;

1. Photographs, etc. of drinking;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on the Crime, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the selection of fines for the crime (the following favorable circumstances among the reasons for sentencing);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows; comprehensively taking account of the following circumstances and various circumstances, including the defendant’s age, character and conduct, environment, and circumstances after the crime, the sentence as ordered.

The crime of this case committed at a disadvantageous disadvantage is that the defendant did not comply with the police officer's request for a reasonable drinking test, and the crime is not less than that of the crime in light of the method and attitude of the crime.

The drinking driving is a very dangerous criminal that may cause unexpected behaviors to the life and home of another person as well as his/her own. The refusal of drinking alcohol measurement is ultimately difficult to detect the foregoing drinking driving, thereby making it difficult to do so.