Defendant shall be punished by a fine of KRW 10 million.

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

Punishment of the crime

피고인은 2020. 5. 22. 22:34경 성남시 수정구 B 앞 도로에서 술을 마신 상태에서 C 벤츠 승용차를 운전하던 중 성남수정경찰서 D 소속 경사 E으로부터 피고인에게서 술 냄새가 심하게 나고 눈이 빨갛게 충혈되고 혀가 꼬여 발음이 정확하지 않은 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 같은 날 22:47경 1차 음주측정 요구, 같은 날 22:53경 2차 음주측정 요구, 같은 날 22:58경 3차 음주측정 요구까지 약 15분 동안에 3회에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주측정에 응할 것을 요구받았다.

Nevertheless, the Defendant refused to comply with a police officer’s demand for the measurement of drinking without any justifiable reason by avoiding it in a way that does not sufficiently put the part of the drinking measuring instrument into a breath.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's statutory statement, report on the state of his/her oral statement, and the regulations governing drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the selection of fines, and the selection of fines;

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

1. The rejection of the reason for sentencing of Article 334(1) of the Criminal Procedure Act is a type of crime, the criminal responsibility of which is serious, because it interferes with the police officers’ performance of their official duties who lawfully require a drinking test.

However, even though the defendant had been punished for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2000, the defendant had no record of criminal punishment for the nearest 20 years.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the age, character and conduct, environment, circumstances after the crime, etc. and all the conditions of sentencing shown in the pleading.