Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On November 11, 2018, the Defendant, while driving a drinking beverage from 22:25, around 22:25, around Gwangju City to e-mail in front of the E-mail, while parked the vehicle at the place, the Defendant demanded a measurement of drinking on the grounds that there are reasonable grounds to recognize that the police officer G, who was dispatched after receiving 112 report on the Defendant’s drinking driving, was under the influence of alcohol, was under the influence of alcohol, such as smelling alcohol to the Defendant and sprinking red on the face. However, the Defendant failed to comply with the demand four times from 22:54 to 23:22 on the same day without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. On-site photographs of the police statement of H, and video products refusing to measure;

1. Application of Acts and subordinate statutes to report the results of the drinking driving control, the ledger using a drinking measuring instrument, the circumstantial statements of drinking drivers and the circumstances of drinking drivers;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); 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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant alleged that a police officer demanded a drinking test for three times, and requested a second drinking test even if he faithfully complied with a drinking test, and rejected it 4 times, and thus, the Defendant does not constitute a violation of the Road Traffic Act (Refusal of a drinking test).

2. Determination

가. 술에 취한 상태에 있다고 인정할 만한 상당한 이유가 있는 운전자가 호흡측정기에 숨을 내쉬는 시늉만 하는 등으로 음주측정을 소극적으로 거부한 경우라면, 소극적 거부행위가 일정 시간 계속적으로 반복되어 운전자의 측정불응의사가 객관적으로 명백하다고 인정되는 때...