If the defendant fails to pay the above fine, 50,000 won shall be one day.

On June 25, 2013, at around 05:13, the Defendant was driving a motor vehicle under the influence of alcohol on the road without distinguishing the two lanes from the breast-child Park in front of the Dobong-gu Seoul, Dobong-gu, Seoul. On the road, the Defendant set up a BSM (SM)5 motor vehicle owned by the Defendant on the one-way road, and was sitting it into the driver’s seat, and was sniffing on the face while smelling it in a snife and sniffing. Therefore, there was a considerable reason to recognize that the Defendant was driving a motor vehicle under the influence of alcohol.

피고인은 위 일시, 장소에서 112 신고를 받고 출동한 서울도봉경찰서 소속 경사 C로부터 위와 같은 이유로 약 30분간 3회에 걸쳐 음주측정에 응할 것을 요구받았음에도, 자신은 운전한 사실이 없다고 주장하면서 이를 거부하고, 음주측정기에 입김을 불어 넣는 시늉만 하고 이를 회피하는 등 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the statement of the status of a driver of a driving school, a report on the status of a driving school, and an investigation report (to make statements by the Control Police and CCTV analysis report);

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