Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Defendant

A is a person who has driven a B A-WWn-Wnnn-Wnn-Wn-Wn.

On January 17, 2015, at around 00:40, the above vehicle was driven, and the 388's underground parking lot was started as the village in which Sungnam-si was installed, and it was diving after driving at a section of about 100 meters up to 371 in front of the road in the same Gu.

Since there are reasonable grounds to believe that the defendant was driven while under the influence of alcohol, such as smelling and smelling red on the face while on the road during the patrol, C requested the defendant to respond to the respiratory measurement with a drinking measuring instrument (equipment No. 584638) over about 30 minutes, such as the first measurement at around 01:0 on the same day, the second measurement at around 01:10, the third measurement at around 01:20, and the third measurement at around 01:20.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 않았다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to photographs which refuse to measure alcohol;

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 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;