Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On December 13, 2012, around 01:34, the Defendant, while driving DK5 cars in front of the c apartment 305-on the road in front of the official city, stated that the Defendant was sniffing and smelling from E belonging to the official police station, while driving DK5 cars in front of the c apartment 305-on the road, and that the Defendant appeared to have driven the alcohol while drinking, and that the witness F, G, etc. appears to have driven the alcohol while driving the alcohol, and that there is considerable reason to recognize that the Defendant was driving under the influence of alcohol, the Defendant was demanded to comply with the alcohol measurement by inserting the whole in a drinking measuring instrument over about 30 minutes.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A copy of the report on detection of a drinking driver and the ledger of use of a drinking measuring instrument;

1. Application of statutes on site photographs;

1. Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act in which applicable provisions of Acts and punishment are applied to facts constituting a crime;

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

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

1. The defendant and his defense counsel asserts that the defendant did not have a drunk driving.

However, the crime of violation of the Road Traffic Act is a provision which punishs a police officer who fails to comply with a breath test in violation of Article 44 (2) of the Road Traffic Act, if a police officer deems it necessary for the safety of traffic and the prevention of danger or if there are reasonable grounds to recognize that a driver has driven a motor vehicle under the influence of alcohol.

However, according to the records of this case, the defendant driven a K5 vehicle while drinking in the above apartment parking lot.