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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On November 1, 2013, at around 01:18, the Defendant was required to comply with a drinking test by inserting approximately 30 minutes (the first 01:30, the second 01:40, the third 01:50) of the drinking measuring instrument into a drinking measuring instrument in a manner of inserting it into a drinking measuring instrument for about 30 minutes (the first 01:30, the second 01:40, the third 01:50) on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling from a traffic control gauge D, while driving with a rocketing car in front of the private car in the Cststst of the Cstststst

Nevertheless, the Defendant avoided a drinking test and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Statement of the status of the driver;

1. A written arrest of a flagrant offender;

1. Reasons for judgment of conviction in the field of refusal of measurement;

1. Defendant’s assertion (1) The Defendant responded to the measurement of alcohol, but was in a state of full extraction of the upper parts of the body due to an innate, non-infection and dental disease, so the measurement of alcohol is not proper, and there was no refusal to take the measurement of alcohol.

In addition, the defendant was not notified of the blood sampling method.

(2) Even if the defendant refused to take a alcohol test, since the request for a alcohol test in this case was made under an illegal arrest, the refusal of such demand does not constitute a crime of violating the Road Traffic Act.

2. 판단 살피건대, 진술의 일관성, 구체성, 합리성 및 이 법정에서의 진술태도 등에 비추어 신빙성이 인정되는 증인 D, E, F의 이 법정에서의 진술 등 각 증거를 종합하면, 피고인은 D 등 경찰관의 음주측정요구에 음주측정기의 불대를 입에 물고 부는 시늉만 하거나, 조금 불다가 말거나, 입을 불대에 대지 않는 등으로 제대로 음주측정에 응하지 않은 사실, 피고인이 음주측정기에 숨을 불고 나서 특별히 숨차하거나...