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 December 14, 2013, at around 21:00, the Defendant, while drinking alcohol, driven the said vehicle from the front side of the EL apartment in Busan Shipping Daegu at approximately 2 km to the upper apartment located in the seat of Busan Shipping Daegu.

At that time, the defendant gets along the defendant's vehicle and is running under the influence of alcohol.

Since there are reasonable grounds to recognize that a police officer was driven under the influence of alcohol by drinking, such as smelling in the Defendant’s entrance E from the location of the D Zone, inaccurateness, and unstable pedestrian conditions, upon receiving a report from the Defendant’s wife C who reported to the police, and thus, he did not comply with a police officer’s request for the measurement of alcohol without justifiable grounds, even though he was required to comply with a police officer’s demand for the measurement of alcohol by inserting about four times from around 22:50 to 23:30 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes concerning refusal to measure drinking;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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;