Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

On September 5, 2016, the Defendant driven a BJ Ⅲ Cargo on September 04:05, 2016, and was driven by the Defendant under the influence of alcohol, such as: (a) the Defendant was driving a motor vehicle in the CAbro vehicle, which was parked in the signal line in the front direction in the front direction of the city while driving at three-lanes of the BJ Ⅲ in front of the BJ 786 in a non-wide air route in a non-wide area; and (b) the Seoul, upon receiving the report that such traffic accident occurred, sent to the site after having arrived at the slope E site belonging to the D department of the Pyeongtaek Police Station, and confirmed the process of the accident; (c) the Defendant was bread by drinking while drinking alcohol on his own; and (d) the Defendant stated that the accident was under the influence of alcohol.

There were reasonable grounds for recognition.

For the foregoing reasons, the defendant was requested to respond to the measurement of drinking alcohol by inserting the drinking measuring machine four times from E from around 05:30 to 06:05 of the same day at the location of the above accident, but did not comply with it.

Accordingly, the defendant did not comply with a police officer's demand for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) a survey report on actual condition and a traffic accident report (2) a survey report on actual condition;

1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver who is placed in driving and a report on internal investigation (in case of refusal to measure drinking);

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

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. The act of refusing to take a measurement of drinking without any justifiable reason after driving for the sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment order is likely to be used as a means of evading the corresponding punishment by making it impossible to confirm the level of driving by the driver, and driving of drinking.