Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

1. On May 19, 2012, at around 02:30 on May 19, 2012, the Defendant driving Cisler’s car in the section of approximately 6 km from around 03:20 on the same day from May 19, 2012 to the annual oil station located in 1426-13, Seocho-gu Seoul, Seocho-gu, Seocho-gu, Seoul.

2. On May 19, 2012, from around 04:03 to around 04:44 of the same day, the Defendant was required to comply with the drinking test by inserting the alcohol measuring instruments four minutes from the slope D belonging to the above traffic survey division, in a reasonable ground to recognize that the Defendant driven under the influence of alcohol due to the following: (a) the Defendant, at the traffic survey division office of the Seocho-gu Seoul Western Police Station from around 04:03 to around 04:4 of the same day; and (b) the Defendant, while drinking, was bread by smelling the alcohol measuring instruments four minutes from the sloping D with the above traffic survey division.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하고 음주측정기 물대를 물고만 있는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. The register of driver's licenses and temporary driver's licenses;

1. Investigation reports (recognization, refusal to collect blood of any suspect), and application of the Acts and subordinate statutes concerning the measurement of drinking alcohol;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise, the choice of fines) concerning the selection of punishment, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the occupation of driving without a license and the selection of fines);

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment of concurrent crimes within the scope of the sum of the maximum amount of the crimes of violation of the Road Traffic Act with heavy penalty and the aforesaid crimes);

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are as follows: (a) May 10, 2012 immediately before the instant case.