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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a person who drives a car in B SP area.

On September 21, 2017, the Defendant, while driving on the Gangnam-gu Seoul metropolitan side road on September 21, 2017, was faced with D’s driver’s seat being parked.

At this time, the police officer of the Gangnam Police Station E box called to the scene of the accident is snickly snicking and snicking the Defendant’s sniff at the Defendant’s entrance of the police box, and driving under the influence of alcohol, such as inabrupting the sniff.

There are reasonable grounds to determine a person who is requested to take a alcohol test by voluntarily accompanying a traffic accident inspection inspector at the Gangnam Police Station; ① refusal of the first measurement at around 22:34 on the same day; ② refusal of the second measurement at around 22:40 on the same day ③ refusal of the second measurement at around 22:45 on the same day ④ refusal of the third measurement at around 22:55 on the same day ④ refusal of the fourth measurement at around 22:50 on the same day ④ refusal of the fourth measurement at around 22:55 on the same day, ④ refusal of the second measurement at around 22:55 on the same day without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. The application of the survey report, the report on actual condition, the statement of the situation of the driver of the vehicle driving, the notification of the results of the crackdown on drinking driving, the measurement photographs of drinking, reports on internal investigation, on-site photographs and parking lot photographs;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Act on the Selection of Punishment for Criminal Crimes and Articles 148-2 (1) 2 and 44-2 of the Act on the Selection of Punishment of Road Traffic [it is recognized that the defendant's mistake is recognized, economic environment, etc. is difficult, but the defendant has past history of punishment twice as a crime of violating the Traffic Act in the past, traffic accidents have occurred at the time of the instant case, equity in punishment of the same kind, etc., the amount of fine prescribed in the summary order of the instant case is excessive

8. 【No】

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;