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 April 18, 2017, at around 21:50, the Defendant received a report in front of the D cafeteria located in Seongbuk-gun, Seongbuk Police Station E District, and sent out to the Defendant, from the InspectorF of the E District of the Seongbuk Police Station, who was called up, for the Defendant’s face. The Defendant was on the side of the Defendant.

G also driving under the influence of alcohol by the Defendant, such as “the Defendant was driving under influence of alcohol.”

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a measurement of drinking without any justifiable reason.

Summary of Evidence

1. Each legal statement of witness F and G;

1. The defendant and his defense counsel asserts to the effect that it is justifiable to refuse to comply with the police officer's alcohol alcohol measurement on the ground that the defendant did not drive alcohol.

The crime of refusing to comply with the measurement of drinking under Article 148-2 (1) 2 of the Road Traffic Act is under the influence of alcohol.

A person with considerable reasons to be determined is established when he/she fails to comply with the measurement by a police officer pursuant to Article 44(2) of the same Act. In order to establish a crime of refusing to take the measurement of alcohol, the driver is not necessarily required to be in a state of not less than 0.05% of alcohol concentration among the blood transfusion of a person in charge of driving alcohol at the time of the request for measurement of alcohol, but is in a state of not less than 0.05% of alcohol concentration during blood.

(b) if there are reasonable grounds to determine the person, and further, in a state of under the influence of alcohol;

Whether there is a reasonable ground to determine the person’s appearance, attitude, and driving behavior of each individual driver at the time of the request for the measurement of drinking (see Supreme Court Decision 2002Do6632, Jan. 24, 2003). In light of the aforementioned legal principles, the instant case’s assertion as a whole is based on the following reasons.