Defendant shall be punished by a fine of three million won.

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Punishment of the crime

around 15:40 on July 1, 2016, the Defendant received the front part of the D truck with the rear part of the D truck while driving C truck in an agricultural road near the village hall in the area of the Guegsan-ri, Namdong-gun, Seoul, and then received the front part of D truck.

After that, at around July 1, 2016, the defendant was informed on the defendant's house located in the Namnam-gun E on July 1, 2016 that the defendant caused an accident while driving alcohol, and the defendant's appearance is inaccurate, that the defendant was smelled, that the driver driven the above cargo in a drinking condition, such as the drinking response from the drinking test at the time of drinking.

There is a reasonable reason to view that there was a need for the measurement of drinking for about 20 minutes by the police officer belonging to the police box of the previous police station.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

The defendant's legal statement (third public trial date) notification of the police's statement H to the witness G's legal statement by the witness G of the police's protocol driving control, application of the law to investigate the state driver's circumstantial report.

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

2. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

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

5. The grounds for sentencing under the main sentence of Article 186(1) of the Criminal Procedure Act, which recognize and reflects the defendant's act of sentencing, are limited to the fact that the defendant was punished once (700,000 won summary order) due to drinking driving in relation to traffic crimes, and the fact that the defendant has no criminal record exceeding the fine, shall be considered as the factors for sentencing in favor of the defendant who has refused to measure drinking, and the punishment shall be determined by taking into account the circumstances leading up to his refusal to measure drinking, the defendant's age, sexual behavior, environment, etc.