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

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

Punishment of the crime

On May 4, 2017, around 23:22, the Defendant driven a car with approximately 3 km section from the head of Simo-si near the “graf fel,” to the “Yansan 119 Safety Center,” which was located in 90, from the head of Simo-dong, to the “Yansan 119 Safety Center.” The Defendant driven a car with CND D police station, and was under influence of alcohol, such as the Defendant’s report of witness 112 and the Defendant’s face, and the Defendant was seated with the safety level at the front seat.

Due to reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking by inserting the measuring instrument of drinking over three occasions between approximately 23:34, around 23:40, and around 23:45, and about 15 minutes.

Nevertheless, the defendant did not drive a drinking alcohol.

And it did not comply with a request for measurement of drinking by a public official without good cause by avoiding it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who takes the driving of the driving of the driver, investigation report (report on the circumstances of the driver who takes the driving of the driver), report on the circumstances of the driver taking the driving of the driver, notification on the results of regulating the driving of drinking

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the fact that the defendant recognized the criminal facts of this case and reflected his mistake is recognized as favorable circumstances to the defendant.

On the other hand, the crime of this case, which the defendant refused to take a drinking test without any justifiable reason, is not less than the nature of the crime in light of the contents and methods of the crime, it is necessary to strictly punish the crime of refusing to take a drinking test in order to ensure the safety of traffic on the road and prevent danger, and there is the history of punishing the crime of violating the Road Traffic Act (driving) around 201, and the same and similar kind of crime.