Defendant shall be punished by a fine of KRW 5,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Punishment of the crime

On January 30, 2018, around 00:05, the Defendant driven a body car on the road B in front of the 2 tunnel of the hot spring-dong, Busan, Dongdong-gu, Busan, but was under the influence of alcohol by the Defendant, such as smelling alcohol and scaring red on the face.

There is a reasonable reason to recognize it, and it was demanded by Busan East Police Station Assistant C to respond to the drinking measurement by inserting the whole in a drinking measuring instrument belonging to the Busan East Police Station.

그럼에도 피고인은 같은 날 00:15 경, 00:20 경, 00:25 경 총 3회에 걸쳐 음주측정기에 입김을 불어넣는 시늉만 하거나 피고인의 혀로 불 대 입구를 막고 호흡을 불어 넣는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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

2. Selection of selective fines for punishment ( Consideration of the fact that the person is a recipient of basic living);

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

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