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

On August 27, 2015, at around 23:45, the Defendant, while operating the E-benz car on the front road located in Busan Shipping Daegu C, was under the influence of alcohol, such as drinking and smelling to the Defendant from the border G affiliated with F of the Shipping Station F of the Shipping Zone Police Station, her face, her face, etc.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the defendant avoided this and did not comply with the police officer's drinking measurement without any justifiable reason.

Summary of Evidence

1. Legal statement of the witness H;

1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in driving and the statement of the circumstances of drivers engaged in driving;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Determination on the Defendant and his defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel's arguments, the defendant and his defense counsel, <1> They drive under the influence of alcohol at the time when the defendant demanded a measurement of drinking by a police officer.

The defendant asserts to the effect that there was no reasonable reason to determine the person, and that the defendant cannot be held liable for the crime of refusing to measure drinking because it was demanded to measure drinking while illegal arrest.

2. Determination

A. According to the evidence duly adopted and examined by this court regarding the first argument of the Defendant, around August 27, 2015, the police officer G sniffed the Defendant at the time when the Defendant was able to control the driving of drinking, and the Defendant was somewhat able to dnife, the Defendant’s blood color was red, the Defendant’s blood color was red, and the Defendant was drinking reaction even during the drinking-free test against the Defendant.

According to the above facts, at least 0.05% alcohol concentration in blood was in a state of the defendant.

A person shall be appointed.