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

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

Punishment of the crime

On September 3, 2013, at around 00:40 on September 3, 2013, the Defendant was subject to a alcohol test by E from a policeman belonging to the D Zone of the Suwon Police Station, because there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s face is red, snick, and drinking in the entrance while driving a C-learning car in front of the Suwon Police Station B in a drunken state.

피고인은 위 E으로부터 같은 날 00:45경, 00:55경, 01:05경 약 20분간 3차례에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았으나, 입에 불대를 물고 부는 시늉만 하는 등 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. A protocol of partial police interrogation of the accused;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserted that the Defendant did not take a measurement despite entering the normal drinking measuring instrument, and that he did not comply with the police officer’s request for a drinking test. However, according to the records of the instant case, the Defendant’s assertion is rejected, since it is found that the Defendant did not put the normal drinking measuring instrument into the normal drinking measuring instrument, and thus, it did not take a drinking test.