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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a person who drives a motor vehicle in the B Slish.

The Defendant, around 04:20 on February 1, 2018, driven a vehicle while under the influence of alcohol, such as drinking alcohol to the Defendant from the traffic of the Gangnam Police Station and the head of the police station affiliated with D, and drinking alcohol to the Defendant on the ground that he/she driven the vehicle while drinking about about 5 meters at the front parking lot of Gangnam-gu Seoul, Seoul, and driving the vehicle at around 04:20 on February 1, 2018.

As there are reasonable grounds to determine a person, it was demanded to respond to the measurement of alcohol by inserting four times in total for about 20 minutes between around 05:25 to around 05:45 of the same day.

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, E, and G;

1. Application of Acts and subordinate statutes of paragraph (2) of a screen image which refuses to measure alcohol;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel's assertion that they responded to the measurement by drinking reduction, and the police officer refused to take the measurement by blood collection although they requested blood collection. The defendant refused to take a drinking test.

shall not be deemed to exist.

2. Determination

A. Under the interpretation of Article 41(2) and (3) of the Road Traffic Act, where it is difficult or extremely difficult for a driver to measure the pulmonary measuring instrument due to reasons such as a driver’s body or any other reason, or where a driver requests a measurement from the beginning of the pulmonary measuring instrument while failing to perform a measurement by using the pulmonary measuring instrument.