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 January 15, 2018, at around 23:10, the Defendant: (a) was under the influence of alcohol on the front of the Incheon Bupyeong-gu B while drinking alcohol on the road; (b) was under the influence of alcohol, and stopped on the side; and (c) was under the influence of alcohol by a policeman D, etc. affiliated with the Incheon Samsan Police Station, etc., who observed the notification and stopped on the side; and (d) the Defendant was under the influence of alcohol, such as drinking alcohol and drinking, setting a red light on the face, and making a heavy snow.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking in a manner that contains approximately 20 minutes of drinking, not less than three times in a so-called so-called drinking measuring instrument.

Nevertheless, the Defendant refused to comply with a police officer’s request for measurement of drinking without justifiable grounds, on the ground that the behavior of the enforcement officer is not against his mind.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. On-site photographs;

1. In light of the interpretation of Article 44(2) and (3) of the Road Traffic Act, where it is difficult or very difficult for a pulmonary measuring instrument to measure the pulmonary measuring instrument due to a driver's physical disorder, etc., or where a driver requests a measurement of blood recovery from the beginning, the procedure for the pulmonary measuring instrument must be omitted and the procedure for the pulmonary measuring instrument must be taken to measure the pulmonary measuring instrument. In this case, the non-compliance with the pulmonary measuring instrument cannot be viewed as non-compliance with the pulmonary measuring instrument (see Supreme Court Decision 2002Do420, Oct. 25, 2002). According to the above evidence, the defendant refused to measure the pulmonary measuring instrument and demanded a measurement of blood recovery only after the refusal to measure the pulmonary measuring instrument was established.

Therefore, the defendant's person who refused to take a drinking test by a police officer due to blood collection.