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 November 14, 2014, the Defendant was driving under the influence of alcohol in the area of about KRW 1,000 meters from the parking lot of the Sacho-gun, Chungcheongnam-gun, Chungcheongnam-gun, and from the parking lot of the "Africa" to the road of the same Eup/Myeon from the same Eup/Myeon to the road of the same Eup/Myeon, and there are reasonable grounds to believe that the Defendant was driving under the influence of alcohol in the area of about KRW 1,000 meters, the Defendant refused to comply with the police officer’s request for the measurement of drinking alcohol on three occasions at around 06:05, around 06:16, around 06:30 on the same day from the slope E belonging to the same police station, and around 06:30 on the same day,

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Voluntary written consent;

1. Investigation report (12 patrols and video materials for 112 patrols);

1. Application of Acts and subordinate statutes to photographs refusing to measure drinking;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of fines;

1. Articles 70 (1) 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. The alleged police officer did not inform the defendant that the defendant has the right to refuse to move voluntarily before moving to the zone, and did not notify the reason why the police officer demanded voluntary movement.

The request for the measurement of alcohol in this case is an illegal voluntary behavior that leads to a demand for the measurement of alcohol so even if the defendant did not comply with it, the crime of violation of the Road Traffic Act (Refusal of the measurement of alcohol) is not established.

2. It is clearly proven by objective circumstances that the investigator, prior to accompanying, informed the suspect that he/she could refuse accompanying the suspect, or that the suspect accompanied could freely leave the accompanying place, etc., was accompanied by the suspect’s voluntary will.