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

around 22:45 on March 13, 2018, the Defendant, while driving a marbing epik epicing truck from approximately 700 meters to the Ulsan Fire Station located in the same Eup/Myeon (hereinafter referred to as “instant cargo vehicle”), was under the influence of alcohol at the “D” restaurant located in Chungcheongnam-gun, G, H, etc., which was under the influence of alcohol in front of the Ulsan Fire Station, and was under the influence of alcohol.

The Defendant driven under the influence of alcohol, such as the reduction of drinking signals at a drinking-free season, the Defendant’s face with red, snow-hicking, and the walking of walking, etc.

A police officer's request for a measurement of drinking three times on the ground that there are reasonable grounds to designate a person, but he/she did not comply with a request for a measurement of drinking in such a way as to avoid the breath without injecting the breath, etc.

Accordingly, the defendant did not comply with a police officer's drinking test without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Application of Acts and subordinate statutes to the next inquiry session;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Summary of the assertion

(a) At the time when the police officer demanded the defendant to take a drinking test, the defendant driven the instant cargo while under the influence of alcohol;

Inasmuch as there was no reasonable ground to determine a person, the Defendant cannot be the subject of the crime of violating the Road Traffic Act (e.g., refusal to measure drinking) (hereinafter “instant assertion”). B. Even if the Defendant was under the influence of alcohol, he/she driven the instant cargo while driving the instant cargo.

have reasonable grounds to determine that there is a reasonable

Even if the defendant, at the time, intends to refuse to measure drinking.