If the defendant does not pay the above fine, 100,000 won shall be one day.

On March 5, 2014, at around 23:40, the Defendant, while driving CPoter II cargo vehicle in the front of the Daegu East-gu Non-ro, Daegu-ro, Daegu-do, under drinking on the front of the street, was arrested in front of the new Twit distance, by disregarding a police officer’s direction of suspension, passing over the center line, making a signal violation, and escape approximately 4 km, and was arrested before the new Twit distance in the same new 4km.

The Defendant was required to respond to the measurement of drinking alcohol by inserting three minutes in a breath of the Daegu East Police Station, on the ground that there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as drinking alcohol, smelling, snicking, walking snowing, and a climatic distance, etc., from Police Officers D, who are in charge of guard and traffic of the Daegu East Police Station, and breath of the Defendant.

그럼에도 피고인은 "나는 스무 살 때 음주 단속을 2회 당했고, 소주도 두 병 먹어서 이번에 무조건 취소일 것이고 부는 거나 안 부는 거나 취소되는 거는 똑같다. 벌금 낼 돈도 없으니까 감방에 보내도."라고 말을 하면서 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 않았다.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report of refusal of measurement;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant had been sentenced to a fine once due to a drunk driving in the past, is deemed to have committed the instant crime, the liability for the instant crime is not minor, but the defendant reflects the depth of the instant crime, the defendant has no criminal record heavier than a suspended sentence, and the age of the defendant is other.