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

The defendant is a person engaged in driving a gallon driver car.

Around 00:20 on April 16, 2015, the Defendant driven the above suspected vehicle, while driving the vehicle under the influence of alcohol, from an slope G belonging to the Fabb Police Station in the Ponding port, while driving the vehicle under the influence of alcohol, etc., the Defendant was required to comply with the alcohol measurement by inserting the vehicle into the fabbs for about four minutes from around 00:35 of the same day to about 01:05, while driving the vehicle under the influence of alcohol, from an slope G of the Fab Police Station in the jurisdiction of the Ponding Police Station in the Ponding of the Ponding port.

Nevertheless, the Defendant could not respond to the drinking test, and rejected it without any justifiable reason without complying with the police officer's request for a drinking test.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol of examination of part of the defendant by prosecution;

1. The prosecutor's statement concerning G;

1. The circumstantial report on a drinking driver and the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to detect and report the suspected violation of the Road Traffic Act (Refusal of measurement);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant was requested to take a alcohol test at the time of forced conduct, and thus, the Defendant did not have any obligation to comply with the demand for a alcohol test at the time, and even though the Defendant demanded a alcohol test by the method of collecting blood, it is merely disregarding the demand, and thus, it cannot be deemed a refusal to take

2. According to the evidence duly adopted and examined by this court, the defendant's vehicle inspection for the control of drinking on the same day.