Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On July 4, 2014, at around 21:40, the Defendant was found to the E in the position of the D District of the Cheongju Police Station D District, which was dispatched after receiving 112 report, while the Defendant was driving the said cargo on the road in front of the Cheongju-gu, Chungcheongnam-gu, Cheongju-si, the equipment of which was 93, and was parked. On the same day from 22:04 to 22:37 of the same day, the Defendant was found to have been absent from the D District of the Cheongju-gu Police Station D District of the Cheongju-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant was found to have failed to comply with the demand of a police official for a drinking test without justifiable grounds, on the grounds that there is a considerable reason to recognize that the Defendant was driving of the said cargo under the influence of alcohol due to a large amount of alcohol, and the Defendant did not comply with the demand of a police official for a drinking test without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. The police statement of H;

1. The application of Acts and subordinate statutes to investigation reports (field photographs, evidence photographs, etc.), reports on arrest of suspects, and the report on actual condition investigation;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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

1. The defendant and defense counsel of Article 334(1) of the Criminal Procedure Act of the provisional payment order asserts that since the defendant did not meet the requirements for the arrest of flagrant offenders such as the apparentness of the crime at the time when he is arrested as a flagrant offender, the request for a drinking test of this case made under illegal arrest is an illegal

Article 211 of the Criminal Procedure Act provides that "a person who is latter to commit a crime" refers to cases where it is evident that the person who arrests him/her immediately after the commission of the crime is committed as a flagrant offender from the viewpoint of the person who arrests him/her. As such, Article 211 of the Criminal Procedure Act provides for a flagrant offender within the original meaning of Article 211 of the same Act and is latter to commit a crime.