Defendant shall be punished by a fine of KRW 10 million.

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

Punishment of the crime

On November 6, 2013, the Defendant received a summary order of KRW 1,500,00 from the Seoul Central District Court as a crime of violation of the Road Traffic Act.

On September 15, 2020, the Defendant driven a B-car on September 22 and 40, and was driving at the entrance of the same place from the 2nd floor parking lot in Gangnam-gu Seoul Gangnam-gu, Seoul to the C-dong parking lot, and received a report of an accident causing the said vehicle to be driven by the front gate of the said vehicle, and the Defendant was required to comply with the measurement by inserting it into a drinking measuring instrument three minutes from around 23:05 to around 23:19 on the same day, on the grounds that there are reasonable grounds to recognize that the Defendant driven the vehicle while under the influence of alcohol, such as the breathing of alcohol, and the breathing of snow, and the breath of the police box dispatched after receiving a report by the head of the police station affiliated with the police station, who was called.

그럼에도 피고인은 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Investigation report on the actual state of defendant's legal statement and report on the results of the drinking driving control (report on the circumstances of the drinking driver);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to summary orders of the same kind of suspect), and application of Acts and subordinate statutes of summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of a fine concerning criminal facts, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, rejected a request from a police official to measure alcohol while driving under the influence of alcohol even though he/she had a history of punishment for driving under the influence of alcohol at around 2013, and the liability for the crime is not minor.

However, it is against the defendant's wrong recognition.