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

On March 7, 2016, at around 23:30 on March 23, 2016, the Defendant driven a B-car with drinking alcohol at an influent restaurant located in Yeongdeungpo-gu Seoul Metropolitan Gyeyang-gu, and operated the road in front of the 247 Nowon-gu Seoul Nowon-gu, Dongjak-gu, Seoul, Nowon Police Station and one affiliated slope C, and driven a vehicle while under the influence of alcohol with drinking, sniffing, red, snow, and mosome.

There are reasonable grounds to determine a seal, and from 23:49 on the same day to 0:30 on the following day, it was demanded to respond to the measurement of drinking alcohol by inserting the whole breath in five times from the next day.

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Ledger of measurement and use of drinking alcohol;

1. Photographs of an unmeasurable state;

1. Application of the Acts and subordinate statutes governing records measured by police officers to verify that there is any defect in a drinking gauge;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;