Defendant shall be punished by a fine of KRW 14,000,000.

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

Punishment of the crime

On August 27, 2010, the Defendant was issued a summary order of KRW 3.5 million by the Suwon District Court due to a violation of the Road Traffic Act.

피고인은 B 토스카 승용차 운전자로, 2020. 9. 10. 22:46경 화성시 향남읍 발안만세길 37에 있는 제암사거리 앞 도로에서 신호를 위반하며 위 승용차를 운전하는 것을 목격한 화성서부경찰서 C지구대 순경 D으로부터 술 냄새가 나고 얼굴에 홍조를 띠며 몸을 비틀거리는 등 술에 취한 상태로 승용차를 운전하였다고 인정할 만한 상당한 이유가 있어 약 19분 동안 3회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았음에도 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정을 거부하였다.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

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

1. Records of judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of materials related to criminal records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (2) and (1) 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 of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case on the ground of sentencing of the provisional payment order is that the defendant who has a record of driving alcohol and has driven alcohol while drinking alcohol does not respond to the measurement of drinking alcohol by police officers, and the nature of the crime is

However, the defendant recognized the crime of this case for the first time in this court, and divided his mistake, the defendant's records of drinking driving has passed for more than 10 years from the date of the crime of this case, and the defendant has no record of crimes other than two times of fine.