Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On August 23:10, 201, the Defendant driven a motor vehicle using a Grand City with approximately 200 meters in drinking at the convenience store in front of the restaurant for "Yang Park Wak-gu" rice, "Sak-gu" located in the same Dong from the roads of "Sak-gu Yak-gu Yak-dong" to the convenience store in the same Dong. At the time, the Defendant was required to take a alcohol test from the slope E of the D police box sent to the site on the ground that there are reasonable grounds to recognize that the Defendant driven a motor vehicle while under the influence of alcohol due to a severe smell of drinking, etc., and did not comply with the request without justifiable reasons.

Summary of Evidence

1. Each legal statement of witness F and E;

1. A statement of the occurrence of a traffic accident of F;

1. The circumstantial report of an employee;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 subparagraph 2 and 44 (2) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201);

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

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

1. The defendant and his defense counsel asserted that the request for the measurement of alcohol in this case by the police officer in charge was made in an illegal arrest against the defendant, and thus, it cannot be deemed legitimate execution of official duties, and thus, it does not constitute a violation of the Road Traffic Act concerning refusal of the measurement of alcohol.

However, in a case where a request for a measurement of alcohol is made under illegal arrest, the illegal arrest for a measurement of alcohol and the request for a measurement of alcohol is made consecutively for the purpose of collecting evidence against the criminal act of driving alcohol, and it is not appropriate to individually evaluate the legitimacy of the request. Therefore, it is reasonable to consider the series of processes as a whole, and there is considerable reason to recognize that a driver was a driver who driven alcohol.

8.2