Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

1. On December 27, 2013, the Defendant violated the Road Traffic Act (refluence of the measurement of noise level) (i.e., the Defendant driven a B SP-type car while under the influence of alcohol on December 22:43, 2013, and moved back on the street in front of the “Contac 7080” located in Yongsan-gu, U.S., U.S., Sinyang-gu, U.S., 1577-5, and then contacted C’s DSS5 vehicle driver who was under the influence of alcohol with the backer of the said vehicle.

The Defendant received a report on the occurrence of an accident as above and received a demand from F to respond to the measurement by inserting the breath of alcohol measuring instrument for about 30 minutes on the ground that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as smelling with the Defendant, etc., from F, who was dispatched to the scene.

Nevertheless, the defendant asserted that he was not driving and did not comply with the request for the measurement of drinking alcohol by a police officer without any justifiable reason, by avoiding the defect of a drinking measuring instrument by asserting that he was not driving.

2. On December 27, 2013, from around 23:10 to around 23:30 of the same day, the Defendant insultd the victim F, a police official, who demanded a drinking test at a place specified in paragraph (1), by openly insultingly speaking, “the victim F, who is a police official requiring a drinking test at the place specified in paragraph (1), shall be sexually insulting.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each written statement of C;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial reports on drivers;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of non-compliance with the direction measurement), Article 311 of the Criminal Act, and selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.