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 May 13, 2013, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Daejeon District Court’s Incheon District Court’s Support.

【Criminal Facts】

On May 30, 2020, at around 05:32, the Defendant, while drunk B apartment C, opened a vehicle door in the Dostststa car driving seat in front of the B apartment C, and was in a state of trial, and was under the influence of alcohol. The Defendant was required to take a drinking test on the ground that there was a reasonable ground to deem that the Defendant was driving under the influence of alcohol, such as the Defendant’s blood color, red and inaccurate weather from the E-gu Seoul Police Station, which was dispatched after receiving the report 112.

In such a case, although the Defendant was obligated to comply with a police officer’s request for a drinking test, the Defendant did not comply with the drinking test three times for about 15 minutes from 05:36 to 05:51 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports, reports on the results of the control of drunk driving, reports on investigation (Refusal of measurement), photographs of the control site, and reports on internal affairs (Analysis of control images);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (2) and (1) of the Road Traffic Act, the choice of a fine concerning criminal facts, and the choice of a fine;

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 order of provisional payment is that the defendant was punished twice by a fine due to drinking driving, which led to driving under the instant case. As a result, the defendant's failure to comply with the police officer's request for measurement of drinking. In light of the risk of an accident due to drinking driving and the purpose of amendment of the Act increased by the statutory penalty, the nature of the crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, and that there is no criminal record other than the above previous one, the age, attitude, environment, circumstances and distance of the defendant, drinking volume, and the crime.