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 September 18, 2014, at around 00:03, the Defendant refused to comply with the check-up of drinking driving regulations on the front of the third party seated in the Macheon-si Line, and was arrested as a flagrant offender C by the Police Officer in the Macheon Police Station.

The Defendant was requested to comply with the drinking alcohol measurement by inserting the breath in the field, on the grounds that there are reasonable grounds to see that he was engaged in drinking at the time, such as smelling alcohol in the face, making a red belt, etc., and then requested to comply with the second drinking test on the same day at around 00:45 on the same day in the traffic control office of the Incheon Police Station, and demanded again to comply with the third drinking alcohol measurement on at least three occasions in total on the same day.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a report on the state of a driving under the influence of alcohol and the control of drinking driving;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the instant case, including the fact that the nature of the crime is not somewhat weak in light of the Act on the Number of Crimes and the patterns of conduct, and that there was a record of being punished by a fine twice as a crime of drinking driving. However, on the other hand, there are favorable circumstances such as the confession and reflect of the instant crime, and that there was no record of being suspended of qualifications or more severe punishment. Accordingly, the above circumstances and other favorable conditions of sentencing as shown in the records, including each of the above circumstances and the defendant’s age, occupation, character and behavior, environment, and circumstances after the crime, shall be comprehensively