Defendant shall be punished by a fine of KRW 13,000,000.

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

Punishment of the crime

[Criminal Power] On June 1, 2015, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 21, 2019, at around 01:25, the Defendant was asked by G about the driving of drinking alcohol while driving a car at Cnice at the parking lot of the Sungsung-si B apartment complex, and the Defendant was asked by G about the facts of driving alcohol during the course of the F District Department of the Sungsung-gu Police Station, which was dispatched after receiving the report 112.

At this time, the Defendant was required to respond to the measurement of alcohol by inserting the breathm in a total of three times from G from 01:32 to 01:42 on the same day on the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was making a drinking, such as a large snicking, a large sum of smelling body, and showing a red reaction in the drinking-free season, etc.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하고 측정을 하지 않겠다고 명시적으로 거부하였다.

As a result, the defendant did not comply with a police officer's request for a alcohol test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of the driver;

1. Investigation report (Refusal to affix a seal on the circumstantial statement report to an immigration driver);

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

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty for a crime;

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 has a record of being punished for a drunk driving. Since June 25, 2019, the penal provision for a drunk driving was strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., and the police officer’s demand for a drunk driving.