If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

At around 22:05 on October 15, 2019, the Defendant stopped while driving a Rab car in front of the C Hospital located in Suwon-gu, Busan.

At around 23:20 on the same day, the Defendant: (a) “Around 23:20, the Defendant: (b) determined that the Defendant was driving at the emergency department E of the above C Hospital after receiving a 112 report from the staff member of the above C Hospital; and (c) did not comply with a police officer’s request for alcohol measurement without justifiable grounds, on the same day, because there exist reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling on the face, snicking, snicking, etc.; and (d) on the same day, the Defendant was demanded to comply with the alcohol measurement by inserting the whole breath during about 10 minutes; (b) however, the Defendant did not comply with the foregoing measurement, and did not comply with a police officer’s request for alcohol measurement without justifiable

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the results of the drinking driving control, the ledger using a drinking measuring instrument, inquiry into the results of the drinking driving control, and making an inquiry into the vehicle;

1. A criminal investigation report (related to images);

1. Application of the Acts and subordinate statutes to photographs and video CDs related to the case after the closure;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is high possibility of criticism for police officers to refuse to comply with a request for measurement of drinking alcohol.

However, the fact that the defendant recognizes the crime and reflects the fact that the defendant is driving under the influence of alcohol, the circumstance that the defendant was driving under the influence of alcohol, the circumstance that the drinking test was requested due to the detection of drinking under the influence of alcohol, and other conditions of sentencing specified in the records and arguments of this case shall be determined as the sentence like the order.