Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant, at around 01:00 on September 26, 201, issued a request for the measurement of alcohol by inserting approximately 30 minutes a while under the influence of alcohol, on the grounds that there exist reasonable grounds to recognize that he/she was driving while under the influence of alcohol, such as taking a heavy smell in the Defendant’s entrance, and putting him/her red on his/her face, etc., and did not comply with the request for the measurement of alcohol by a police officer, without justifiable grounds, even though he/she was requested by the police officer to comply with the request for the measurement of alcohol by inserting approximately 30 minutes a while driving in the influence of alcohol, such as

Summary of Evidence

1. Each legal statement of witness F and G;

1. The second police statement of H;

1. A report on detection of a host driver;

1. Investigation report (on-site photographs of a suspect refusing to measure a drinking alcohol);

1. Application of Acts and subordinate statutes to investigation reports (in the presence of two beer cans).

1. Relevant legal provisions and Articles 1 and 5 of the Addenda of the Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011; hereinafter “former Road Traffic Act”) regarding criminal facts, and Articles 148-2 and 44(2) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201; hereinafter “former Road Traffic Act”).

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;

1. Judgment on the defendant's assertion under Article 186 (1) of the Criminal Procedure Act that bears litigation costs

1. The Defendant asserts that, although he was found to have refused to take a drinking test, the Defendant was justified to have rejected a drinking test due to the lack of facts of drinking.

2. The crime of violation of subparagraph 2 of Article 148-2 of the former Road Traffic Act is established when a person who has reasonable grounds to be recognized as being in a drunken state fails to comply with a measurement by a police officer under Article 44 (2) of the same Act. In light of the provisions of Article 44 (2) of the same Act, in full view of the objective circumstances at the time of the request for a measurement of alcohol, there are reasonable grounds to believe that a driver has driven a motor vehicle, etc. under the influence of alcohol.