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

On October 20, 2017, around 19:39, the Defendant reported D’s 112 by blocking the front of the vehicle operated by D on the front of the road located in Seocho-gu Seoul, Seocho-gu, Seoul, and by doing so. Accordingly, the Defendant sent the police officers F, etc. of the E police box to the site and took measures to measure D’s drinking at the request of the Defendant, etc.

Nevertheless, at around 19:40 on the same day, the Defendant made a phone call 112 to his own cell phone, and the public official in charge of receiving 112 reports received, “A police officer did not breath the driver who driven a drinking without the alcohol test.”

“A false declaration was made.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and D;

1. Statement of Control (According to each of the above evidence, it is acknowledged that the police officer F, who was dispatched to the site upon receiving a report of D, measured drinking at the request of the defendant, and immediately notified the defendant of the result of measurement of drinking alcohol. Thus, even if the defendant did not directly see the scene of measurement of drinking alcohol at the time, at least the defendant did not make a false report in relation to the report of 112 as stated in the judgment of the defendant immediately after such inspection.

[Attachment]

Application of Statutes

1. Relevant Article of the Punishment of Minor Offenses Act and Article 3 (3) 2 of the Punishment of Minor Offenses Act, and Selection of fines for the crimes;

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

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

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;