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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On November 14, 2012, around 21:45, the Defendant was exposed to a slope G belonging to the F District Unit of the Busan Police Station by causing a traffic accident involving the EM5 car driven by D while driving a vehicle behind the vehicle under CM5, which was driven by D, in order to avoid the influence of drinking, on the road of the Dmergian apartment house located in 0,000,000.

Accordingly, at around 22:22 on the same day, the Defendant was required to respond to the alcohol level measurement three times between 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant had driven the said SM5 vehicle under the influence of drinking alcohol, such as smelling, smelling, reding, etc. from the above slope G, from the above slope G.

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. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to investigation reports (e.g., details of refusal of measurement);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

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

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