Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On April 29, 2014, at around 22:45, the Defendant, while driving the E-typ vehicle in front of “D” in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. On the road, the Defendant was required to comply with a drinking test by inserting the alcohol in a manner that makes it difficult for the Defendant to recognize that he was under the influence of alcohol, such as: (a) the police officer under the influence of alcohol was aware of the influence of alcohol; (b) the police officer’s influence of drinking; (c) the snicking of alcohol; and (d) the Defendant was found to have snicked with red and snicking of drinking; and (c) the Defendant was found to have drinking, such as recognizing that he was under the influence of alcohol, and thus, he was under the influence of alcohol.

그럼에도 불구하고 피고인은 음주측정기에 측정이 되지 않도록 숨을 부는 시늉만 하거나 호흡을 끊는 등의 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니 하였다.

Summary of Evidence

1. Each legal statement of witness F and G;

1. A protocol of partial police interrogation of the accused;

1. The circumstantial statement of the employee;

1. Application of video CD (in investigative records 39 pages) and Acts and subordinate statutes governing field photographs for drinking control;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.