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 December 26, 2017, while under the influence of alcohol at around 01:40, the Defendant operated C E-W car, and driven the said car at the front of the E-W car, a light shower, in front of the G-Wol apartment located in the G-Wol Ro-ro, the lower court driven the said car at approximately 2 km from the front of the E-Won apartment located in D at the same time.

02:14 On the same day, there is a fact that police officer G entered the above E cafeteria and confirms that he/she has driven the vehicle as the other party drinking of the above defendant.

In addition, it was demanded to respond to the measurement of drinking in a manner of inserting the measuring instrument into the breath of drinking, and making it difficult to see the measuring instrument of drinking.

Nevertheless, the Defendant refused to take a measurement without any justifiable reason by evading the entry of a drinking measuring instrument without putting it into a drinking measuring instrument and evading the entry into the instrument, such as cutting down a dog, washing down a hand, etc., and refusing to take a measurement without complying with a police officer’s request for a drinking test.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement to witness G, H, I, and J;

1. A written statement;

1. The application of Acts and subordinate statutes, such as a report on the circumstances of driving, an investigation report, a report on the results of regulating the driving of drinking alcohol, a report on the results of regulating the driving of drinking alcohol, an inquiry into the situation of the driver of drinking alcohol, a report on the investigation, an on-site photographing photograph, an on-site painting, a recording 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 of the defendant and his defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order, the defendant and his defense counsel did not refuse to measure drinking.

The argument is asserted.

"Where a police officer fails to comply with a measurement" referred to in Article 148-2 (1) 2 of the Road Traffic Act means under the influence of alcohol in light of the overall progress of the case.

A driver who has a reasonable reason to be appointed is objectively deemed to have no intention to respond to the measurement of drinking.