Defendant shall be punished by a fine of 12 million won.

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

Punishment of the crime

On July 13, 2011, the Defendant received a summary order of 2.5 million won as a crime of violating the Road Traffic Act from the Seoul Western District Court.

On January 21, 2020, the Defendant driven a Dota car around 23:25, and proceeded around 30 meters from the underground first floor parking lot located in Songpa-gu Seoul Metropolitan Government building to the front day of the entrance breaker of the first floor underground.

The Defendant was unable to settle the parking fees before the above blocking period, and was under the influence of alcohol, and was able to check the driving of alcohol, and the security staff of the above building was allowed to report it to 112.

Accordingly, the Defendant received 112 reports, and received a request from the chief E and assistant F of the Seoul Songpa Police Station to comply with the sobreath test by inserting the whole in breath of drinking, but did not comply with it on three occasions without justifiable grounds.

Accordingly, the defendant did not comply with the sobreath test of a police officer as a person who has a considerable reason to recognize that he is under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Report on the state of driving under the influence of alcohol, report on the state of the state of the driver under the influence of alcohol, report on the results of the regulation of the driving under the influence of alcohol, and inquiry into the results of

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Application of criminal records, inquiry reports to the prosecution (verification of the same kind of force - a copy of summary order) and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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 [unfair circumstances] Even though there has been a history of having been sentenced to a fine due to the crime of drunk driving, the driver, while under the influence of alcohol, refused a police officer's request for a measurement of alcohol, and thus, the relevant crime is not minor;

In this case, the defendant has a reasonable ground for appeal.