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 May 28, 2016, the Defendant driven a motor vehicle of soflurged B while drinking alcohol on the alley of the Gangwon University located in 241, Seocheon-si, Seocheon-si, Gangwon-do.

At the time, the Defendant was driving in the state of drinking, such as drinking in the Defendant’s entrance at the police station C District D, etc. of the Chuncheon Police Station, which was called after receiving a report of the witness, and drinking at the time, such as drinking alcohol, and drinking alcohol.

인 정할 만한 이유가 있어 C 지구대로 임의 동행 후 같은 날 06:42, 06:53, 06:57, 07:01, 07:07, 07:10, 07:12 경까지 총 7회에 걸쳐 음주 측정에 응할 것을 요구 받았다, 그럼에도 피고인은 음주 측정기가 작동될 만한 충분한 입김( 호흡) 을 불어넣지 않고 “ 후” 하며 부는 시늉만 하며, 휴대전화를 꺼 내들어 음주 측정 대화 내용을 녹음하겠다는 말만 하는 등 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to E;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Application of Acts and subordinate statutes to a copy of the usage register of a drinking measuring instrument and photographs related to refusal to measure drinking;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is recognized that the reasons for sentencing of Article 334(1) of the Criminal Procedure Act include: (a) the Defendant appears to have repented and reflected his mistake; (b) the Defendant is an initial offender who has no criminal history; and (c) the Defendant is scheduled to enter the military as college students.

However, the legislative purport of the Road Traffic Act punishing refusal of drinking alcohol measurement, the lower limit of the statutory penalty for the crime of this case is set at five million won, and the punishment is imposed with other persons who have committed the same kind of crime.