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 3, 2013, the Defendant was issued a summary order of KRW 4 million by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

Around 00:52 on January 16, 2020, the Defendant was required to respond to a drinking test on the ground that there is a reasonable ground to recognize that the Defendant was making a drinking, such as drinking alcohol, smelling, red-lighting, etc., from the slope E belonging to the D District Unit of the Modong Police Station D District, which was dispatched after receiving a report of 112, while driving the C rocketing car with drinking alcohol in the state of drinking in the B underground parking lot.

Nevertheless, the Defendant stated that “the parking lot will not comply with a measurement because it is not a road,” and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a host driver: The report on detection of such driver;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), investigation reports (former and confirm), and application of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) 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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished for a drunk driving, and since June 25, 2019, the penal provision for a drunk driving has been strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., and the defendant was engaged in a drunk driving without any delay, and further, did not comply with a police officer's demand for a alcohol test, and the nature of the crime is highly likely to be subject to criticism, and there is a need for a strict punishment.

However, the fact that the defendant recognized the crime of this case and divided his mistake, that there is no record that the defendant has been punished in excess of the fine yet, and that there is no other accused.