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

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

Punishment of the crime

On June 12, 2016, around 04:15, the Defendant: (a) driven a motor vehicle in the third-lane of the eight-lane road near the apartment complex in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, by driving a motor vehicle in the C Spo-si in the vicinity of the eight-lane road; and (b) opened the signal within the said motor vehicle during the temporary stop.

The Defendant driven under the influence of alcohol, such as a 04:23 light, 04:3 light, and 04:43 light, at the same place, the Defendant’s appearance of the Defendant from a police officer belonging to the regular district of the police station in Gwangju Seo-gu, Gwangju, with an inaccurate and face, and the balthm of light, while under the influence of alcohol.

If there is a reasonable reason to determine a person, he/she has been requested to respond to the measurement of drinking on three occasions, but he/she has not complied with the measurement of drinking without justifiable reasons.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of a control manual, a situation report on the driver of the main place, and on-site photograph statutes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. In light of the purport of the assertion, the Defendant did not have intention to refuse the measurement of drinking, or the police officer’s request for the measurement of drinking was illegal to violate the traffic control guidelines, and thus, the crime of refusing the measurement of drinking is not established.

(1) At the time of a request for measurement of second and second drinking, the defendant was unable to recognize the fact that the request for measurement of drinking was made.

(2) When a third drinking test is requested, the defendant will comply with the pulmonary measurement.

Despite the police officer's demand for the measurement of blood collection.

(3) Article 38 (11) of the Guidelines for Traffic Control by the National Police Agency shall clearly notify drivers who refuse to comply with a request for the measurement of drinking at intervals of not less than three times at intervals of ten minutes of disadvantage resulting from the non-compliance with the measurement of drinking, and the measurement shall be conducted despite such notification.