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 May 19, 2015, at around 11:30, the Defendant was required to comply with a drinking test by inserting the whole breath for about 43 minutes from around 12:25 to 13:08 of the same day, on the road in front of the 16th-lane, Namdong-gu Incheon Metropolitan City, for a traffic accident, and after receiving 112 reports on the 115th of the traffic accident, and from Police Officer D belonging to the Incheon Southern East Police Station, the Defendant was found to have driven under the influence of alcohol, such as smelling and smelling red on the face, and accordingly, the Defendant was required to comply with the drinking test by inserting it into a drinking measuring instrument for about 43 minutes.

그러나 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Legal statement of witness E;

1. The application of Acts and subordinate statutes to a chief prosecutor who makes a suspect drinking, if he refuses to measure a suspect's drinking;

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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.