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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

피고인은 2015. 6. 30. 09:25 경 제주시 C 빌라 주차장에서 술 냄새가 나고 눈이 빨갛게 충혈 되어 있는 상태에서 D 스타 렉스 승합차를 약 2m 운전하여 술에 취한 상태에서 운전하였다고

If there are reasonable grounds to determine a person, it is demanded to respond to a request for measurement of drinking by a police officer without justifiable grounds, while the police officer's request for measurement of drinking was not made in a manner of inserting the measuring machine in the E District of the Jeju Police Station E-gu of the Jeju Police Station at around 09:50 on the same day, around 10:00 on the same day, and around three times at around 10:19 on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. (A) Notification of the 112 Report-Related Department, a copy of the usage register of a drinking measuring instrument, notification of arrest and detention, etc.;

1. On-site photographs;

1. Application of the CD 1 statute

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The police officer controlling the gist of the argument did not notify the defendant of the reason for the arrest to "influence in the performance of official duties" while arresting the defendant as the current offender, and did not notify the defendant that the right to appoint a counsel and the right to request the review of the legality of arrest and detention. Thus, the arrest procedure against the defendant is unlawful, and the defendant's request for drinking measurement against the defendant made under illegal arrest is also illegal. Thus, the defendant refused to comply with

Even if the defendant cannot be punished as a crime of violating the Road Traffic Act (refluence of drinking).

In addition, it was true that the defendant did not respond to the measurement of the first and second drinking alcohol like the facts charged, but thereafter, the police officer made it clear that the police officer expressed his intention to respond to the measurement of drinking after having come to the toilet.