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 August 11, 2012, on August 20, 2018, the Defendant was required to respond to the drinking test by inserting a drinking measuring instrument over about 30 minutes by inserting it into a drinking measuring instrument while driving the B car while drinking alcohol at the 101-dong 101 parking lot in Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Incheon, the Defendant was in contact with the Defendant while driving the B car while drinking at the 101-dong 101 parking lot.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each statement made by the police officer in relation to E and F;

1. Descriptions of the report on detection of the driver and the report on the circumstantial statement of the driver; and

1. Application of each video statute to a field map, an accident site photograph, or a photograph refusing to measure drinking;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Determination as to the defendant's assertion under Articles 70 and 69 (2) of the Criminal Act for the confinement of a workhouse

1. When parking a vehicle at the time of the gist of the assertion, the vehicle is parked in the convenience store, but the vehicle does not comply with the measurement of drinking because it has not been driven under the influence of alcohol, and the crime of violating the Road Traffic Act is not established.

2. Determination

A. The crime of non-compliance with the measurement of alcohol under Article 148-2 (1) 2 of the Road Traffic Act is established when a person who has reasonable grounds to be recognized as being under the influence of alcohol fails to comply with the measurement by a police officer under Article 44 (2) of the same Act, and in light of the provisions of Article 44 (2) of the same Act, when considering the objective circumstances at the time of the request for a measurement of alcohol, a driver is drunk