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 February 21, 2016, the Defendant was driving a DST5 car on February 21, 2016, while driving on the front road in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and confirmed the fact of drinking at the request of a police officer under the influence of alcohol, and the Defendant was under the influence of alcohol, such as smelling and smelling red on the face of a police officer under the influence of alcohol.

there was a reasonable reason to determine the person.

Therefore, the Defendant was demanded from 23:05 to 23:27 the same day to respond to the measurement of drinking by inserting the sloping F, a police officer belonging to the Seoul Yangcheon Police Station, into a drinking measuring instrument three times at the same place.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of the Act and subordinate statutes on the date, time, and place of measurement and the circumstance at the time of detection among the report on the circumstances of drivers at home.

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the 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;