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

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

Punishment of the crime

[Criminal Power] On April 26, 2010, the Defendant was issued a summary order of KRW 2 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 11, 2019, around 02:18, the Defendant driven a rocketing car in the state of drinking at the B apartment parking lot at Yangsan-si, the Defendant was required to comply with the measurement of drinking by inserting alcohol in a manner of drinking, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking alcohol, by driving a drinking-free vehicle at the B apartment underground parking lot, after receiving a report of 112 that the drinking driver was in a drinking-free driver, and driving from E with the police box belonging to the Gyeongnamsansan Police Station, the Defendant was under the influence of drinking-free by driving the vehicle at the seat of the police box at the time

Nevertheless, the Defendant avoided it by means of not taking part in a drinking-free measuring instrument over about 16 minutes from around 03:02 to around 03:18 on the same day, and did not comply with a police officer’s request for a drinking-free measuring instrument without justifiable grounds.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Detection report, internal investigation report and investigation report (Evidence Nos. 3, 4, 5, 19);

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. 112 reported case handling table and the ledger using a drinking-water measuring instrument;

1. CCTV images to be cut;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of sound driving records), and copies of summary order Acts and subordinate statutes;

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

1. Article 53 and Article 55(1)6 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant,

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

1. There are reasonable grounds to recognize that a person has driven a motor vehicle while under the influence of alcohol for sentencing of Article 334(1) of the Criminal Procedure Act.