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

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

Criminal facts

On June 27, 2017, the Defendant, while driving CK5 vehicle at around 23:30 around 27:30 in a state where alcohol concentration is unknown, was controlled by traffic accidents while driving approximately 20km from the 20km to the 77th road in Mapo-gu Seoul Metropolitan City, Mapo-gu, Seoul, Seoul, and rejected the measurement of drinking in a manner that the D slope E of the Mapo Police Station from June 27, 2017 to June 28, 2017 demanded three times for the measurement of drinking, but failed to comply with the measurement without good cause.

Summary of Evidence

1. A report on the circumstances of the driver's license in charge and an explanatory note;

1. Application of the Act and subordinate statutes as a result of reproduction or viewing by a video that the defendant refused to measure (the list of evidence No. 13);

1. Relevant legal provisions and the choice of punishment for a crime: Article 184-2 (1) 2 and Article 44 (2) of the Road Traffic Act (excluding punishment);

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

1. Provisional payment order: Article 184-2 (1) 2 of the Road Traffic Act of the judgment on the defendant's assertion that the request for measurement of illegal drinking under Article 334 (1) of the Criminal Procedure Act is a demand for the measurement of alcohol under Article 334 (1) of the Road Traffic Act

A person with reasonable grounds for appointment who fails to comply with a measurement by a police officer pursuant to Article 44(2) shall be punished as a crime of refusing to measure drinking, and Article 44(2) of the same Act shall apply to a police officer who drives a motor vehicle under the influence of alcohol.

If there is a considerable reason to designate a person, the pulmonary examination may be conducted to determine whether a driver is under the influence of alcohol.

In such cases, a driver shall comply with the measurement of police officers, and Article 3 of the same Act provides that "A driver who is dissatisfied with the result of the measurement under paragraph (2) may be able to re-measurement by means of blood collection, etc. with the consent of the driver" with respect to the method of measurement, but does not provide for the method of measurement.

Therefore, a police officer is under the influence of alcohol.