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

[Criminal Power] On March 17, 2011, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Ulsan District Court.

【Criminal Facts】

On August 27, 2019, around 02:47, the Defendant: (a) caused a traffic accident that shocks the street, etc. set up on the side while driving a CM3 vehicle on the front of the B Apartment apartment at Seosan-si, and (b) demanded the Defendant to comply with the alcohol test in order to clarify whether he was under the influence of alcohol on the grounds that there are reasonable grounds to recognize that the Defendant driven the said SM3 vehicle while under the influence of alcohol, such as snowing by the Defendant from the police box belonging to the Seosan Police Station, who was called upon receiving a vehicle fire report.

Nevertheless, the Defendant violated the prohibition of drinking driving twice by failing to comply with a police officer’s request for sobreath test on three occasions from 03:23 to 03:36 the same day without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A manual for measuring drinking alcohol;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. The user ledger of the measuring instruments for drinking;

1. Video materials which refuse to measure alcohol;

1. The photographic data of the case;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of one copy of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (Selection of Fine) which choose the penalty;

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

1. The defendant's reason for sentencing of Article 334 (1) of the Criminal Procedure Act of the provisional payment order is that he/she drives a drunk again despite his/her past record of being punished for a drunk driving as stated in its reasoning, and that he/she fails to comply with a police officer's request for a alcohol test without justifiable reason

Provided, That there is no other punishment force after the previous conviction, and even if there is no other punishment force, it exceeds the fine.