When the defendant does not pay the above fine, 100,000 won.

On August 3, 2016, the Defendant driven a motor vehicle under the influence of alcohol while driving a benz motor vehicle in front of the sports complex located in 25, as the Songpa-gu Seoul Olympic Games, around August 23:27, 2016, while drinking alcohol reduction test conducted a drinking reduction test.

Since there are reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking by inserting approximately 40 minutes of the drinking measuring instrument between D statusD belonging to the Song Police Station C in a manner that makes it difficult for the person to take a drinking measuring instrument for about 40 minutes.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to each investigation report (report on video records of black boxes, reproduction of video files, and hearing of statements by telephone during D)

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. When the alleged defendant is requested to take a breath test by the breath test method from the police officers of the crackdown, if the defendant demanded blood collection instead of the breath test, it cannot be said that the defendant's request for a breath test without a justifiable breath test cannot be said to be a legitimate request for a breath test, and therefore, the defendant

2. In principle, barring any special circumstance, a measurement conducted to ascertain whether a police officer is under the influence of alcohol pursuant to Article 44(2) of the Road Traffic Act shall be understood as a measurement conducted by a pulmonary measuring instrument, namely, a method of objectively converting the degree of his/her main practice from the body and converting the degree of his/her main practice from the body (see Supreme Court Decision 2008Do2170, May 8, 2008, etc.).