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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

On February 1, 2015, at around 05:55, the Defendant: (a) while driving a car on the front of Songpa-gu Seoul Metropolitan Government (Seoul) on the road, there are reasonable grounds to recognize that the Defendant driven the said car while under the influence of alcohol, such as a cenzE280 flown by drinking in the Defendant’s entrance; (b) on the same day, at around 06:28, the Defendant was demanded to measure the alcohol by inserting approximately 30 minutes of the alcohol measuring instrument into a dnife for about 30 minutes from an office of the traffic survey at the Seoul Song-gu Seoul Metropolitan Police Station at around 06:28.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉을 하거나 음주측정기를 혀로 막는 등으로 이를 회피하였다.

Accordingly, the Defendant did not comply with a police officer’s demand for alcohol testing without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement on the circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to an investigation report (related to refusal of noise measurement);

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

1. Selection of a fine, taking into account the following facts: (a) the Defendant’s liability not to be minor in light of the background and content of the instant crime, and the Defendant was given a summary order of a fine of two million won for the crime of violating the Road Traffic Act; (b) the Defendant is against the Defendant; and (c) the Defendant has no record of criminal punishment other than the previous offense;

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

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