Defendant shall be punished by a fine of KRW 7,000,000.

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

Punishment of the crime

On the roads of Songpa-gu Seoul Metropolitan Government around 01:40 on July 29, 2015, the Defendant driven DK5 automobiles on the road in front of Songpa-gu Seoul Metropolitan Government, while driving DK5 automobiles under drinking alcohol, and driven from E and F of the Seoul Song Police Station in the direction of traffic and affiliated with E and the Defendant sniffing on the face of the sniff and sniffing red on the face.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting four times in a so-called so-called drinking measuring instrument four times between 36 minutes.

그럼에도 피고인은 음주 측정기에 입을 대고 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. A protocol concerning the examination of partially the police officers of the accused;

1. Part of the legal statement of witness E (excluding part of the professional statement);

1. Investigation report (16 pages of investigation records);

1. Statement of the circumstances of the driver involved in driving;

1. Application of the investigation report (re-verification), the attached CD 2-related Acts and subordinate 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. Article 334(1) of the Criminal Procedure Act [Judgment on the assertion of the defendant and his/her defense counsel]

1. The summary of the assertion is that the defendant was driving in the state of drinking alcohol concentration of not less than 0.05% in consideration of the defendant's appearance, walk, face color, etc. taking into account the amount of drinking alcohol, hours of drinking alcohol, and conditions attached to the record;

Although there is no reason to determine a person, a crackdown police officer only demanded a repulmonary test by means of giving a good faith to many people. This is an illegal performance of official duties and thus it is impossible to establish a crime of refusing to take a drinking test, and the defendant is suitable for the measurement of drinking in a manner that causes the wind to a drinking measuring instrument.