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

The defendant is a person who drives a Cren car.

On April 11, 2014, the Defendant driven the said car with drinking at around 01:05, and was demanded to comply with a drinking test four times from around 01:21 to 01:52, on April 201, 2014, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of drinking, such as smelling the Defendant from D in the situation where the Human Resources Development Institute was in front of the Human Resources Development Institute in the south-gu Tro-dong at the time of distribution, and reducing drinking alcohol during the operation of the traffic control department of the Southern Coast Police Station at the time of port, such as smelling the Defendant.

Nevertheless, the defendant, by breathing a drinking measuring instrument breathly, failed to comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. Application of Acts and subordinate statutes to a report on detection of violation of the Road Traffic Act (Refusal of measurement), a report on the situation of a driver of a driving, and a report on the status of a driver of a driving school;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

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

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order. The defendant asserted that, at the time, although the defendant puts the respiratory part of the respiratory part of the drinking measuring instrument, the police officer did not take a breath test and did not refuse to take a breath test.

In other words, there is an error found by evidence submitted to this court, including each legal statement of the witness E and D, and duly admitted, that is, ① in case of a drinking measuring instrument to put a certain respiratory part into a certain respiratory part, so that the respiratory part is measured at least at least at least two stages, and the respiratory part is not taken after a certain period of time.