Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The defendant is a person who drives a mixed vehicle B.

On February 4, 2014, at around 01:12, the Defendant: (a) reported the 112 report during drinking driving to the road from the parking lot after drinking alcohol at the Da Hospital Young-gu Seoul, Seoul; and (b) controlled the charge of drinking driving at the front of the entrance of the hospital at the above D Hospital.

On February 4, 2014, at around 00:35, the Defendant was required to respond to a measurement of drinking, on the grounds that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as fluoring off the questioning of E during the process at the place where the control was conducted, referring to the nature, face, and snow, and fluoring the smell.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하고 주차장에서 운전한 것도 운전한 것이냐, 측정에 응하지 않을 테니 니들 맘대로 해 라며, 같은 날 00:35부터 01:05경 까지 4회에 걸쳐 정당한 사유 없이 음주측정을 거부하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the statement of the drinking driver, statement of the situation, control manual, and the user register of the drinking measuring instrument; and

1. Application of the Act and subordinate statutes to Defendant’s vehicle photographs and black stuffs video CDs

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 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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