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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

around 00:05 on August 16, 2017, the Defendant driven a BN-si car in the state of drinking to the front road (10 lanes) in front of the Dong Small and Medium Business Support Center of the Dong-gu, Suwon-si, Suwon-si.

The Defendant driven a vehicle under the influence of alcohol, such as that the Defendant appeared to have a reaction during drinking, smelling, snicking on the face, etc. from the driver D belonging to the police station C of the Suwon-gu Police Station C, who had been on duty of regulating drinking.

For about 20 minutes, there was a reasonable reason to determine a person, and was demanded to respond to the measurement of alcohol by inserting the whole in four times at intervals of five minutes.

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. The circumstantial report of a driver who is placed in the main place, investigation report, and notification of the results of regulating the driving of drinking;

1. Application of the Acts and subordinate statutes concerning report on internal investigation and refusal of measurement;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of punishment: 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;