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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On December 2, 2016, at around 01:13, the Defendant driven the CMF3 car, and proceeded the three-lane road in front of Dongdaemun-gu Seoul Metropolitan Government D from the king to the kingsan. The Defendant, upon receiving the report, went off the vehicle from the Seoul East-gu Police Station and the E police officer F, who was called for on the ground of safety.

At the time, a person driving the said vehicle under the influence of alcohol, such as smelling the defendant, snicking on the face, and reducing drinking by drinking so that he/she was under the influence of alcohol.

인정할 만한 상당한 이유가 있어 같은 날 02:15 경 서울 동대문구에 있는 동대문 경찰서 G 사무실에서 위 경찰서 소속 경찰관인 경사 H으로부터 음주 측정요구를 받고도 약 40 분간 4 차례에 걸쳐 음주측정기에 입김을 불어넣는 시늉만 하였다.

As a result, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Legal statement of a witness I;

1. A traffic accident occurrence report, a survey report on actual condition, a report on the circumstances of driving at home and a report on the detection of a driver at home;

1. A copy of a manual of use of a drinking measuring instrument, notification of completion of correction of the person on August 11, 2016, photographs of the management register of a drinking measuring instrument, and a copy of the ledger of use of a drinking measuring instrument;

1. Application of the CD-related Acts and subordinate statutes;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

가. 경찰은 4 차례에 걸쳐 피고인에 대한 호흡에 의한 음주 측정을 시도 하면서 음주측정기 본체는 그대로 둔 채 음주 측정기의 불대만 교체하였는바, 피고인이 입김을 불어넣는 시늉만 해서...