Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On October 28, 2009, the Defendant was punished by a fine of one million won due to a violation of the Road Traffic Act at the Busan District Court, and one million won due to a violation of the Road Traffic Act at the same court on November 20, 2015.

On 06:23 on 09.04. 06:06:23, the Defendant, while driving the above vehicle with a alcohol content of 0.053% from D located in Seo-gu, Seo-gu, to E, and driving a motor vehicle under the influence of alcohol more than twice, by driving a road with approximately 100 meters from D located in Seo-gu, to the front road in E, and again driving the motor vehicle under the influence of alcohol.

Summary of Evidence

1. Legal statement of G;

1. Inquiries about the results of crackdown on drinking driving;

1. A report on investigation;

1. Previous conviction: The defendant and his/her defense counsel's reply to inquiry, such as criminal history, investigation report, defendant and defense counsel's assertion that he/she is not guilty on the ground that the crackdown police officer did not conduct a measurement by blood collection method despite the defendant's legitimate demand, and the result of the pulmonology measurement by the respiratory tester cannot prove that he/she was driving.

Comprehensively taking account of each evidence revealed in the summary of the evidence as seen earlier, ① the Defendant was at around 06:10 on April 9, 2017, and was subject to a demand from the police officer for a measurement of drinking by a breath on the part of breath in drinking at the site of drinking control, ② the Defendant refused to take a breath measurement by a method that does not have the wind to the breath, and was measured at 0.053% on around 06:23 as a result of the measurement conducted at around 06:23, and ③ at the time, the Defendant at the time called “the Defendant did not demand blood collection because he had the blood collected through the breath and had the blood measured more than the breath measurement,” and ④ the Defendant returned to the site of drinking control at around 07:10, but there was a lot of time from the point of view of breath from the enforcement officer, and thus, there was no legal effect in blood collection even after the point of view.