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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

On July 1, 2018, at around 19:36, the Defendant was demanded to respond to the measurement of alcohol by driving a d bargaining car on the front road located in the B of the Chungcheongnam-gun, Chungcheongnam-gun, and sending it to the site after receiving a report of 112, and after having called the site, the Defendant’s statement that the Defendant was driving under the influence of alcohol from F of the police box affiliated with the police box of the Chungcheongbuk-gu, Police Station, which heard the statement that the Defendant was driving under the influence of alcohol, such as making the Defendant scam red bling on the face, making the Defendant feel drinking, and making a statement that he was drinking, etc., during the period from around 19:47 of the same day to 20:27 of the same day.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Legal statement of witness F;

1. The circumstantial statement of the employee;

1. Investigation report (Report on the status of an employee);

1. The user ledger of the measuring instruments for drinking;

1. Emotionating a photograph;

1. Determination as to the assertion of the defendant and his defense counsel who refused measurement

1. The defendant and his defense counsel asserted that the defendant did not refuse to comply with a request for sobreath test without justifiable grounds, since the defendant had put the defendant into a drinking measuring instrument several times but failed to measure due to the error of a drinking measuring instrument, etc.

2. The measurement conducted to ascertain whether a police officer under Article 44 (2) of the Road Traffic Act is under the influence of a driver should be understood as a measurement conducted by a respiratory measuring instrument, i.e., a method of objectively converting the degree of the taking from the body and objectively converting the degree of the taking.

On the other hand, the pulmonary measuring instrument is conducted in such a way that the driver conceals the pulmonary measuring instrument, and it is essential to voluntarily cooperate with the driver.