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

On 25, 2011, around 21:25, the Defendant, while proceeding in the direction of three complexes in front of the Sinpo-dong GSmat, Sinpo-si, Sinpo-si, was moving to the driver's care in the course of temporarily stopping by the front stop signal and was followed by the front side of the front part of the other vehicle.

Therefore, it was demanded from the slope B belonging to the Military Police Station of the Mapo Police Station to respond to the sobling test by inserting the whole breath of drinking for about 30 minutes, on the ground that there are reasonable grounds to recognize the driving under the influence of alcohol such as smelling, smelling red on the face, etc. from the defendant, who was dispatched to the scene of the accident after receiving 112 report.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉을 하거나 거부하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of the investigation report (Investigation record 26-33 pages);

1. Article 148-2 Subparag. 2 and Article 44(2) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); the choice of fines for criminal facts;

1. Articles 70 (1) 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. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;