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

1. On June 28, 2016, at around 22:25, the Defendant violated the Road Traffic Act (recognition refusal) and received a report from 112 that the driver of d district in the Seocho-gu Police Station D District was living together on the roads front of the C hotel located in Seopo-si B, and received a demand to comply with the measurement of alcohol by inserting the breath through a breathm for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol after voluntary driving as D zone due to impossibility of conversation, and that there was a reason to believe that he was driving under the influence of alcohol as D zone due to the impossibility of conversation.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉을 하거나 측정기를 계속 빨아들이기만 할 뿐 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of 125 cc Occ.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the foregoing unregistered 125cc Orala, which was not covered by mandatory insurance at the time and place mentioned in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. A copy of enforcement manual and a copy of the use register of drinking meters;

1. Investigation report (the report on confirmation of a telephone from the other party to the control police officer);

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure noise), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

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