Defendant shall be punished by a fine of 12,000,000 won.

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

Punishment of the crime

[criminal history] On December 28, 2009, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking) at the Goyang Branch of the Jung-gu District Court.

[2] On September 18, 2020, the Defendant driven a motor vehicle under the influence of alcohol by drinking alcohol on the roads near Busan, Seocheon-si, B at around 01:46, the Defendant driven the motor vehicle under the influence of alcohol by drinking alcohol from the slope F, etc. belonging to the Seocheon-si Police Station E District for the defendant immediately after driving the motor vehicle under the influence of alcohol.

There is a reasonable reason to determine a seal, and it was demanded by around 01:58 of the same day to respond to the measurement of drinking by inserting the whole breath of drinking in a total of 12 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 등의 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Each investigation report (report on the situation of the driver at the police station in the suspect interrogation protocol, report on the driving of alcohol, report on the results of regulating the driving of alcohol, report on the occurrence of a traffic accident at the enforcement site, report on the actual condition of a traffic accident, report on the actual traffic accident, report on the vehicle driver's license register, vehicle-to-face inquiry, vehicle-to-face inquiry, vehicle-to-face inquiry (on the damaged vehicle driver's statement, etc., telephone conversation of the damaged vehicle owner, confirmation of damage restoration, and notification of the result) by the accused's legal statement, each investigation report on the accused (the main driver's report, confirmation of comprehensive insurance coverage, bar image analysis).

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (the confirmation of the previous history), and application of each summary order Acts and subordinate statutes;

1. Article 148-2(1), Article 44(2) and Article 44(1) of the Road Traffic Act (a point of refusal to measure drinking), and the choice of a fine (the defendant shall be the case in 2007) concerning criminal facts;