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 September 22, 2009, the Defendant was sentenced to a fine of KRW 700,00 as a crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

As above, the Defendant, who violated the prohibition of drinking driving regulations, is driving a motor vehicle at around 01:15 on October 12, 2019 and driving a motor vehicle at the B, thereby driving the motor vehicle in front of the cel.

주차된 차량을 들이 받는 교통사고를 발생시킨 후 위 사고현장으로 출동한 여수경찰서 D지구대 소속 순경 E로부터 피고인이 얼굴에 홍조를 띠고 술 냄새가 나는 등 피고인이 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 약 20분 동안 4회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았음에도, 음주측정기에 입김을 불어넣는 시늉만 하는 등 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of violations of the Road Traffic Act;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Application of criminal records, reply reports, and one copy of judgment;

1. Relevant Articles 148-2 (1) and 44 (2) and (1) 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. In light of the social risk of drunk driving and the purport of the revision of the Road Traffic Act, which is raised by the statutory penalty for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, there is a need to strictize the act of drinking driving or refusing to measure drinking.

However, the defendant's mistake is recognized and reflected, the driving distance is shorter than 40 meters, and the driving force of drinking is more than one time on September 2009 and the considerable period has elapsed from that time, etc., shall be selected by a fine. Such circumstances and other circumstances are the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime.