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

On November 5, 2016, the Defendant driven a vehicle under the influence of alcohol, such as drinking smelling to the Defendant from the Busan Southern Police Station E District of the Busan Southern Police Station, who was dispatched to the site after receiving a report at the time, and was under the influence of alcohol, by driving the vehicle at a distance of about 100 meters from around 22:10 to the front road of the front road of the Haak-gu in the same Dong, in front of the Busan National Police Station, from around the Busan National Police Station E District of the Republic of Busan National Police Station, which was called to the site at the time.

Even if there are reasonable grounds to recognize the same day from 22:48 to 23:18 of the same day, a police officer did not comply with a police officer's request for the measurement of drinking without justifiable grounds, even though he/she was requested to take a alcohol test four times

Summary of Evidence

1. A survey report on actual traffic accident, a report on the occurrence of each traffic accident, and an on-site photograph of the accident;

1. Inquiries about the results of regulating the driving of drinking, reports on the situation of the driver of drinking, and register using the measuring instruments for drinking;

1. The investigation report (booming images of damaged vehicles at the time of the accident) and the list of evidence submitted by the public prosecutor of the black stuffs is indicated as above, but the contents of the list are images taken by police officers who requested a police officer to measure drinking and dispatched the defendant's refusal process to the scene.

Application of CD-related Acts and subordinate statutes

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 defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant, in response to a police officer’s request for measurement, failed to take a breathic measurement of a drinking measuring instrument even though he/she responded to a measurement of drinking by inserting the whole breathic in response to a police officer’s request for measurement. Therefore, the Defendant did not refuse to

2. The term “measurement” as referred to in Article 44(2) of the Road Traffic Act means a measurement by a respiratory tester, and is caused by a respiratory tester.