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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On July 26, 2012, around 21:20, the Defendant driven a DNA motor vehicle while drinking alcohol on the front side of the second apartment complex, which is located in the New Street 1509, Sinsan-si, Nowon-gu, 1509.

The police officer F of the Ansan-si Police Station Estation belonging to the Ansan-si Police Station: (a) deemed that there are reasonable grounds to recognize that the defendant was driven under the influence of alcohol, such as smelling and smelling sniff on the face of the defendant, and requested the defendant to respond to the measurement of alcohol by inserting approximately 24 minutes from 21:38 of the same day to 24 minutes of the same day.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness H in the third protocol of the trial, the witness I in the fourth protocol of the trial, and the witness F in the fifth protocol of the trial;

1. Partial statement of the suspect examination protocol of the accused by the prosecution (excluding the part which was not adopted as evidence);

1. Application of Acts and subordinate statutes to the ledger of use of a drinking measuring instrument, a report on detection of a drinking driver, a report on his/her parliamentary situation, a photograph refusing to measure alcohol, and a license ledger and the

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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

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

1. Summary of the assertion

A. At the time of the instant case, police officers were arrested the Defendant as a flagrant offender on the charge of assaulting the driver, and they did not arrest the Defendant as a flagrant offender, but did not request the Defendant to voluntarily commit a crime. Thus, the Defendant’s demand for a drinking test against the Defendant was illegal under the illegal arrest of the Defendant.

Therefore, the defendant did not respond to the police officer's request for alcohol measurement.

(b)if any;