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

On October 12, 2012, the Defendant, without a driver’s license, was required to comply with the measurement of alcohol by inserting a drinking measuring instrument over about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a climatic distance, while driving a road before a police box for the baltob in front of the baltob, which was driven by the baltob, under the influence of alcohol at around 21:05 on October 12, 2012.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the situation of a drinking driver, a report on detection of a drinking driver, and a register of users of a drinking instruments;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on site visit photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2, 44 (2) of the Road Traffic Act (a point of refusing to measure alcoholic beverages), subparagraphs 2 and 43 of Article 154 of the same Act, and selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act with heavier punishment);

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The current Road Traffic Act of the date of sentencing of Article 334 (1) of the Criminal Procedure Act of the provisional payment order aims to ensure the effectiveness of regulating drinking driving by punishing a driver who is suspected of driving under the influence of alcohol in a case where the driver actually does so for refusing to take a drinking test without any justifiable reason, thereby preventing any danger and obstacle to road traffic. Thus, the act of refusing to take a drinking test as stated in the judgment of the defendant obstructs the safe and smooth securing of traffic.