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

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

Punishment of the crime

On January 5, 2018, at around 22:50, the Defendant driven a three-way vehicle in front of the Hong-gu Incheon Jung-gu, Incheon, under the influence of alcohol on the street, while driving a three-way vehicle in front of the Hong-gu, Incheon, Jung-gu, Seoul, Police Station Dal way E, Incheon, while drinking alcohol to the Defendant, and driving a two-way vehicle under the influence of alcohol, such as a strong distance.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

그럼에도 피고인은 같은 날 22:55 경, 같은 날 23:00 경 2회에 걸쳐 음주측정기에 입김을 불어 넣는 시늉만 하고, 위 경찰관에게 채혈요구를 하여 기독병원 앞까지 이동하였으나 다시 호흡 측정을 하겠다고

한 후, 같은 날 23:18 경 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances of the driver at home and report of the situation of the driver at home;

1. Application of field photographs, rejection of measurement, and 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in the fact that the defendant was sentenced to a fine (1.5 million won) due to a violation of the Road Traffic Act (driving alcohol) around May 2016. The defendant also caused the collision of vehicles which the defendant left behind at the time of the instant case (Provided, That in light of the shock level or the degree of damage, etc., it appears to be minor accidents). Meanwhile, the defendant is against the instant crime. In addition, the defendant's age, sex behavior, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the instant crime, etc. are revealed in the course of trial.