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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On January 4, 2012, the Defendant was issued a summary order of 1.5 million won of a fine for a violation of the Road Traffic Act, and a summary order of 3.5 million won of a fine for the same crime in the Seosan Branch of the Daejeon District Court on October 2, 2015, respectively.

피고인은 2019. 10. 16 23:12경 충남 홍성군 B에 있는 공터에 C 봉고Ⅲ 화물차를 주차해 둔 상태로 운전석에 앉아 있던 중, ‘앞 차량이 비틀거리고 진행하고 있다.’는 취지의 112신고를 받고 출동한 홍성경찰서 D파출소 경사 E으로부터 피고인의 혈색이 붉고, 발음이 부정확하며 입에서 술 냄새가 나는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 5분 이상 간격을 두고 3회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았음에도 음주측정기에 입김을 불어넣는 시늉만 하며 이를 회피하였다.

Accordingly, the defendant did not comply with a police officer's request for a drinking test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Control note;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes attached thereto;

1. Relevant provisions of the Act on Criminal Facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusal of measuring a noise level), and selection of a fine;

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 is that the defendant, even though he had been punished twice due to drunk driving in the past, has committed the crime of this case after driving again, even though he had the record of punishment twice due to the previous drunk driving, such crime is not good, but there is no record that the defendant has been punished more severe than the fine, and that there is no record that the defendant has been punished.