Defendant shall be punished by a fine not exceeding six million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

The Defendant was a driver of a vehicle in CM3 vehicle volume without mandatory insurance, and was driving a vehicle under the influence of alcohol, such as smelling and snicking on the face of the Defendant, while driving the vehicle under the influence of alcohol at an elementary school in front of the articles of incorporation located in the Eup/Myeon line of the Busan Metropolitan Government captain-gun's Articles of Incorporation on January 11, 2017.

인 정할 만한 상당한 이유가 있어 약 30 분간에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주 측정에 응할 것을 요구 받고도, 음주 측정기에 바람을 불어 넣는 시늉만 하면서 음주 측정을 회피하고 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. The application of Acts and subordinate statutes to attach image data of patrol vehicles and Handphone image data, such as a circumstantial report, field photograph, mandatory insurance inquiry, investigation report (Attachment of a boom box for the crackdown on the driving of alcohol), patrol vehicles;

1. Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Compensation Act (a point of operating non-insurance motor vehicles) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70 and 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 Defendant’s assertion under Article 186(1) of the Criminal Procedure Act, which is the burden of litigation costs

1. In relation to the Defendant’s refusal to measure alcohol consumption, the Defendant did not take a sobscopic test of a sobscopic measuring instrument even though the Defendant respondeded to a sobopic test by inserting the vehicle in response to a police officer’s request for measurement, and even though the Defendant demanded blood measurement at the end of the police officer, the police officer did not take a sobscopic test.