Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On October 24, 2016, 07:11 at the same time, the Defendant, while driving a DK3 car owned by the Defendant’s woman-friendly C while drinking alcohol on the roads of the 502 mar church, and driving a motor vehicle under the influence of alcohol, such as drinking alcohol by the Defendant, who was sent to the scene after receiving a 112 report that the Defendant was waiting to drive a vehicle on the road, and waiting and diving the vehicle on the road, while driving a motor vehicle under the influence of alcohol, such as drinking alcohol by the Defendant from the light F of the police station E zone belonging to the Gu Police Station, who was dispatched to the site after receiving a 12 report that the Defendant was able to drive on the road.

With the consent of the suspect, there is a reasonable ground to determine the person, the suspect moved to E district of the Gu Government Police Station from 07:30 on the same day to 07:53 on three occasions between 07:30 on the same day and 23 minutes on the same day, which was demanded by F to respond to the measurement of alcohol by inserting the measuring instrument into a drinking measuring instrument.

그럼에도 불구하고 피고인은 입김을 불어넣기 전에 먼저 C에게 전화로 연락하여야 한다며 거부하거나 음주측정기에 입김을 불어넣는 시늉만 하는 등 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness F and G;

1. Notification to a department related to the report of 112 Incident, and application of statutes governing field photographs;

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

1. Article 53 and Article 55 (1) 6 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 201);

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;