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 November 23, 2013, around 07:35, the Defendant refused a police officer’s request for a drinking test for more than three occasions, even though the Defendant driven a small-scale car while drunkly driving at a distance of about one meter from approximately 353-3 to the front of the same place at the second floor parking lot of the New C&P building underground in Sungnam-si, Sungnam-si, without justifiable grounds.

Summary of Evidence

1. The legal statement of witness D and E;

1. Written statements of D;

1. The user ledger of the measuring instruments for drinking;

1. A report on detection of a host driver;

1. Report on the circumstances of the driving of a motor vehicle;

1. On-site photograph Defendant’s assertion that the refusal to measure alcohol would not be constituted, since the Defendant did not drive at the time and place specified in the facts charged in the instant case.

In light of the purpose of Article 44(2) of the Road Traffic Act, refusal of a measurement of alcohol, which is punished under Article 148(1)2 of the Road Traffic Act, is established when the “person who has considerable reasons to believe that he is under the influence of alcohol” refuses a request for a measurement of alcohol by a police officer under Article 44(2) of the same Act. In light of the provisions of Article 44(2) of the Road Traffic Act, when there are reasonable grounds to recognize that a person under the influence of alcohol was under the influence of alcohol in light of the objective circumstances at

증거에 의하면, 피고인은, 경찰관 E가 현장에 도착하였을 때 차에 시동을 켠 채로 운전석에서 자고 있었고, 술 냄새가 많이 났으며 차를 빼줄 것을 요구하는 목격자D의 요구에 별다른 이유 없이 불응하는 등 정상적인 대화가 불가능하였고, 사건 당일 음주측정거부 사건 조사를 받을 수 없을 정도로 술에 취해 있었던 사실, D은 사건 현장 및 수사기관에서 피고인이 운전하는 것을 보았다고 진술하였으며, 피고인 차량이 움직이는 모습을 촬영한 동영상을 경찰관 E에게 보여주었고, E는 D의 진술과 위...