Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

피고인은 2015. 11. 6. 00:15 경 포 천시 신읍 동에 있는 ' 휘 닉스 노래 짱' 주점 앞 도로에서부터 같은 시 군내면 구읍 리 포 천시 군내면 호 국로 1570 ‘ 포천 경찰서’ 에 이르기까지 술을 마신 상태에서 C 프 레지오 승용차를 운전하던 중 포천 경찰서 D 파출소 경사 E으로부터 피고인에게 서 술 냄새가 나고 발음과 억양이 정확하지 않는 등 술에 취한 상태에서 운전하였다고

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol, notification of the results of regulating driving under the influence of alcohol, and copy of the register of using the

1. Each investigation report (No. 15, 49) 【The Defendant claimed that the refusal to take a drinking test is a justifiable act, because he/she had driven a drinking to avoid urgent danger to his/her body, thus refusing to take a drinking test constitutes a justifiable act.

However, in order to be dismissed as an act that does not violate social norms, the illegality of any act must be avoided: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the benefits of protection and infringement; (d) urgency; and (e) supplementaryness that there is no means or method other than the act (see, e.g., Supreme Court Decision 2005Do8074, Apr. 27, 2006). According to the evidence duly adopted and investigated by the court, the defendant was driving a alcohol to avoid any urgent danger, even if the defendant claimed by the defendant.

Even if a drinking-related measurement is conducted, he/she could make his/her own assertion sufficiently by means of dispute, etc.