Defendant

Kim Ho-ho (Lawsuit), Kim Jong-chul (Trial)

Attorney Park Jong-hwan (Korean)

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

On April 12, 2012, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Gwangju District Court on September 21, 2012, and the judgment was finalized on September 21, 2012.

The defendant is (vehicle number omitted) a driver of a multi-car vehicle.

On May 29, 2012, at around 05:21, the Defendant was required to comply with a drinking test by inserting Nonindicted 1 Nonindicted 2 (age 52) the statement of the victim Nonindicted 2 (age 52) of the assault while investigating the assault case that occurred within the ○○○○○○ Office of Honam Expressway, and by inserting alcohol, such as drinking out, drinking out, walking out, and cutting off, etc., at the same day traffic survey office, the Defendant was in compliance with the drinking test by inserting the 27 minutes between approximately 27 minutes, including around 1, 209:11, 209:21, and 3:3 at the same day traffic survey office.

Nevertheless, the defendant did not comply with a police officer's demand for the measurement of drinking without any justifiable reason, in spite of the fact that "no person has driven a motor vehicle."

1. Defendant's legal statement;

1. The police statement of Nonindicted Party 2

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. On-site moving photographs, and photographs refusing to measure drinking;

1. Previous records of judgment: Criminal history records, etc. inquiry reports, previous records of disposition, results of confirmation, case search, and copies of judgment;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (Determination of a fine in consideration of the selection of a fine, the fact that there are reasonable grounds to suspect that the defendant has driven under the influence of alcohol, the defendant has the past record of punishment, the fact that the defendant is under the influence of alcohol, etc.)

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

Judges Kim Young-young (Presiding Judge)