1. Defendant shall be punished by a fine of 5,000,000 won;

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

Punishment of the crime

On February 21, 2015, at around 19:04, the Defendant: (a) received a report from a person suspected of drinking alcohol on the roads in front of the same Gu B, and was under influence of alcohol to E, etc., the police box of the Daejeon Busan Police Station sent to the site.

When there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling alcohol at the Defendant’s entrance, snicking on his face, etc., the Defendant was demanded to respond to the measurement of alcohol by inserting approximately 30 minutes in a breath of alcohol.

Nevertheless, the defendant did not comply with the above police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. F's self-written statement;

1. Control note;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes concerning rejection 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. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order (the scope of statutory punishment) is one to three years, or a fine of not less than 5 million won and not more than 10 million won (the decision of sentencing) is against the defendant, the defendant did not faithfully comply with drinking measurement even though 112 was reported on the grounds of favorable circumstances or dangerous driving. The amount of fine under the summary order (5 million won) is the statutory minimum punishment, and the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, occupation, environment, circumstance of the instant crime, details, and circumstances after the crime, were considered in light of the sentencing conditions under Article 51 of the Criminal Act.

The defendant requests the suspension of the execution of imprisonment with prison labor, but the imprisonment with prison labor is heavier than the fine.