Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

On July 3, 2019, at around 07:25, the Defendant driven an E-7 vehicle while under the influence of alcohol with approximately 0.090% of alcohol level 0.090% from the front road of C in Sast City B to the front road of C through Sast City.

Defendant

Judgment on the Defense Counsel's argument

1. The alleged defendant's demand for blood collection to the police officer after the pulmonary test for confirmation of drunk driving, but the control police officer's demand for blood collection without notifying that he/she may be arrested as a flagrant offender without any justifiable reason, and the defendant's demand for blood collection may be refused without any justifiable reason. Thus, the control over drunk driving is unlawful in the course of the procedure. Thus, the result of the above pulmonary test alone cannot be found guilty.

2. The test conducted to determine whether a police officer under Article 44 (2) of the Road Traffic Act is under the influence of alcohol shall be understood as a test by a respiratory measuring instrument, namely, a method of objectively converting the degree of the alcohol from the body and objectively converting the degree of the alcohol. In addition, it is limited to the time that a police officer is able to resist a measurement by a respiratory measuring instrument and demand a measurement by a blood sampling method to a police officer. A police officer's demand for a measurement by a respiratory measuring instrument is limited to a considerable range of time from the time when the police officer raises a driver's request for a measurement by blood sampling method after a considerable period of time from the above point of time without a justifiable reason. In this case, a police officer did not perform a measurement by blood sampling method.