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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

On April 15, 2014, at around 20:20, the Defendant was required to take a drinking test by inserting the breath of a drinking measuring instrument over about 36 minutes, on the ground that there are reasonable grounds to recognize that the Defendant driven a breath car at the front parking lot of the C building at Yangsan City, while driving the D Stith car at a level of 200 meters, and received a report from the slopeF belonging to the Yangsan Police Station Ea box, which called the Defendant, while driving the breath car at the front parking lot of the C building at the level of 200 meters.

Nevertheless, the defendant avoided it four times and did not comply with the police officer's request for a drinking test without good cause.

Summary of Evidence

1. Each legal statement of G, H, F, and I;

1. Application of Acts and subordinate statutes to photographs at the time of non-compliance with measurement;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act and Article 148-2 (1) 2 of the same Act and Article 44 of the same

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

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act claiming that the defendant did not drive a drinking, requested a drinking test in an illegal arrest condition, and there was no reasonable reason to suspect that the defendant was the defendant, and thus, the defendant refused it, thereby not constituting a crime of refusing to measure drinking.

The crime of refusal to measure alcohol under subparagraph 2 of Article 148-2 of the Road Traffic Act is established when a person who has reasonable grounds to be recognized as being in a drunken state fails to comply with a police officer's measurement under Article 44 (2) of the Road Traffic Act. The measurement of alcohol conducted solely on the ground that there are reasonable grounds to recognize that a person has been driving through alcohol although it is not necessary to ensure the safety of traffic and prevent danger, has meaning as an investigation procedure for collecting evidence of the criminal act of driving through alcohol. Thus, the above is the same.