Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

[criminal power] On October 15, 2004, the defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act at the Changwon District Court on June 29, 2009, a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the same court on June 29, 2009, a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in the same court on July 13, 2009, and a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in the same court on May 27, 201.

【Criminal Facts】

On March 4, 2013, at around 00:25, the Defendant was demanded to comply with a drinking test by inserting alcohol measuring instruments over about 30 minutes, while driving a drinking-free car in front of the site distance which is located in the window dong of Changwon Police Station at Changwon, which was under the influence of drinking while drinking alcohol, from E belonging to the traffic control department of the Changwon Police Station, which was under the influence of drinking while driving a drinking-free car at the front of the site street in front of the window dong of Changwon-si, Changwon, Seoul. However, the Defendant was required to comply with a drinking test by inserting alcohol measuring instruments over 30 minutes, but did not comply with a police officer’s demand for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. A photograph refusing measurement;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 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 has a history of having been punished four times or more due to drunk driving since 2004, and in particular, it is difficult to choose other punishment than imprisonment for one-time, by refusing to take a drinking test, if the Defendant refuses to engage in the same act as the drunk driving even during the period of suspension of the drinking driving before the judgment.