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 October 15:20, 2015, the Defendant driven a motor vehicle with C in front of the Dong-gu Busan Metropolitan City on the road located in the Dong-gu, Busan Metropolitan City, while driving the motor vehicle with C in front of the Do-dong, and received a report by shocking the lower part of the motor vehicle wing to the front part of the driver’s seat, the Defendant driven the motor vehicle under the influence of alcohol, such as a red string and a string distance, while driving the motor vehicle with C in front of the Dong-gu, Busan Metropolitan City.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

그럼에도 피고인은 같은 날 16:00 경부터 16:40 경까지 음주 측정기에 입김을 부는 시늉만 할 뿐 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A traffic accident report prepared in D;

1. Report on the situation of driving at home, investigation report (in relation to refusal of measurement of drinking alcohol), and investigation report (in relation to refusal of measurement of drinking alcohol and notification of collection of blood);

1. A copy of the ledger of use of a drinkbling measuring instrument, and notification of completion of correction;

1. Application of the Acts and subordinate statutes to photographs taken on the scene of traffic accidents and on the measurement of drinking;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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;

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, which costs of lawsuit

1. The defendant and his defense counsel asserted that the defendant's assertion was made that he faithfully responded to the measurement of drinking, because the blood alcohol concentration level above the punishment standard level was not changed even though the defendant was unsatisfed so far at the request of the crackdown police officer.

2. However, the evidence adopted earlier is examined.