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 April 23, 2017, at around 20:30, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant from the superintendent E of the police station affiliated with the Incheon Jung-gu Police Station D, while driving a motor vehicle under the influence of alcohol on the front of the 108 chemical flurg in front of the 108 chemical flurg, Jung-gu, Incheon, Jung-gu.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting three times in a drinking measuring instrument for about 15 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Legal statement of witness F;

1. Statement of the circumstances of the driver involved in driving;

1. The victim and the scene photograph of the accident (the defendant asserted that the defendant did not take a measurement because he did not have a sufficient respiratory level due to the lack of sufficient respiratory level, and does not refuse to take a measurement. However, the witness F, a police officer controlling the defendant, was satisfying the defendant as soon as the measuring instrument.

In full view of the fact that the Defendant stated, the Defendant did not receive treatment due to respiratory diseases in the past, and there was no evidence to verify the Defendant’s pulmonary activity (it was difficult to accept the Defendant’s assertion, taking into account the fact that there was no evidence to confirm the Defendant’s pulmonary function, but there was only a statement of opinion that the Defendant failed to perform the examination considering the form the Defendant’s power

Application of Statutes

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;