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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

At around 5:15 on September 4, 2013, the Defendant discovered that the reported person, who was seated in the driver's seat of the above vehicle at the center of the front 735-lane of the Jindo-do-Eup, Seoyang-do-si, Nam-do-si, and passed away from the center of the first-lane road, and reported to the police, and confirmed that the Defendant was out of the driver's seat while parking the vehicle at the center of the road, and the reporter's statement that the Defendant was out of the driver's seat while parking the vehicle at the center of the road, and the fact that the vehicle was laid down around the driver's seat and the Defendant's seat was laid down before the driver's seat, etc., and there is a considerable reason to recognize that the Defendant was driving of the above vehicle under the influence of alcohol, and thus, the Defendant refused to take a drinking test without justifiable grounds, despite his/her request for a drinking test on three occasions at the designated level T.

Summary of Evidence

1. Each legal statement of V and W;

1. A V statement;

1. Report on the circumstances of running a driving, report on the circumstances of a driving of the driver, report on detection of the driver, and investigation report;

1. Application of each statute on photographs;

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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

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

A. The defendant and his defense counsel asserted to the effect that the defendant was divingd on the vehicle after drinking, and there was no fact that driving was conducted, and thus, it does not constitute a crime of non-compliance with a police officer's illegal request for measurement of drinking alcohol.

B. The crime of non-compliance with the measurement of alcohol is established when a person who has a reasonable ground to be recognized as driving under the influence of alcohol fails to comply with the measurement by a police officer under Article 44 (2) of the same Act, and in order to establish a crime of non-compliance with the measurement of alcohol, the driver at the time of the request for a measurement of alcohol is punished as the crime