1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine.

Punishment of the crime

On July 6, 2015, at around 00:45, the Defendant was required to comply with a drinking test by taking a vehicle parked on the side of the road while driving a two-way motor vehicle in the state of alcohol on the 20 20 Don-gu, Seo-gu, Seo-gu, Gwangju Metropolitan City, and taking a reasonable ground to recognize that the Defendant driven the motor vehicle under the influence of alcohol, such as smelling, drinking on the face, making a redlight, etc. from the slope C belonging to the traffic survey department of the Gwangju Western Police Station, and making it possible for the Defendant to take a drinking test from around 01:30 to about 30 minutes on the same day.

Nevertheless, the defendant refused to take a drinking test on the ground that he did not drive a drinking, and did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual condition survey report and the circumstantial statement of a host driver;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;