Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On September 26, 2014, at around 04:00, the Defendant: (a) was suspected of driving a juice car on the front of the “D” convenience store located in Jincheon-gun, Jincheon-gun; (b) was controlled by a slope G belonging to the Jincheon-gun Police Station, and voluntarily carried out the juice to the F police box; (c) on the same day, at around 04:14, the Defendant was unable to comply with the request for the measurement of alcohol for about 30 minutes of alcohol, without justifiable grounds, on the grounds that there are reasonable grounds to recognize that the Defendant driven a juice car while under the influence of alcohol, such as flaging a sloping questioning by a slope while flabing the questions of slope G at around 04:14 on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and G;

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

1. Voluntary written consent;

1. Each video CD;

1. Application of Acts and subordinate statutes to photographs on the surface of drinking;

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

1. Judgment on the issue of Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. The defendant and his defense counsel asserted that the request for the measurement of alcohol in this case is an illegal voluntary behavior, so it does not constitute a crime of violation of the Road Traffic Act even if the defendant did not respond to the request.

2. The measurement of drinking conducted solely on the ground that there are reasonable grounds to recognize that a driver was a driving under the influence of alcohol even though there is no need for traffic safety and prevention of danger has meaning as an investigation procedure to collect evidence of a criminal act of driving under the influence of alcohol. Since the provisions of the Road Traffic Act cannot serve as the basis for a compulsory disposition for the measurement of drinking alcohol, the provisions of the Road Traffic Act shall be in accordance with the procedure of the Criminal Procedure Act concerning the compulsory disposition of water-related thoughts in order to force