On April 13, 2016, around 14:40 on April 14:40, 2016, the Defendant was driving a 7 km distance from the front of the Defendant’s house in the Gunsan City to the front of the same Do road through the Geum River-gu river mouth, and a traffic accident was occurred while driving a ESM vehicle owned by the Defendant. On the spot, the Defendant was at the drinking level, and operated voluntarily to the F police box of the Gunsan Police Station.

As there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, the Defendant failed, without justifiable grounds, to comply with a request for measurement of alcohol by a police officer on three occasions, such as: (a) a person who was required to measure alcohol by G during the F police box of the Military Military Police Station on the same day; (b) the first refusal of measurement at around 15:26 on the same day; and (c) refusal of the second measurement at around 15:39 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes concerning investigation reports (on-site conditions and refusal of measurement);

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 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. The meaning of the suspended sentence: The suspended sentence shall be deemed to be acquitted upon the lapse of a certain period of time (two years from the date on which the suspension of the sentence is granted) after the suspension of sentence is rendered (Articles 59 and 60 of the Criminal Act). The invalidation of the suspended sentence: the suspended sentence shall be deemed to be acquitted when a judgment resulting in suspension of qualification or more severe punishment is rendered during the suspension of sentence, or when

(Article 61 of the Criminal Code). Article 59 (1) of the Criminal Code recognizes the crime of this case, the defendant reflects the wrong, the first offender, the defendant is the old age of 71 years, the disabled in the third degree, and the disabled in the second degree.