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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

On May 5, 2017, at around 22:45, the Defendant was under the influence of alcohol on the roads inside the apartment 311 unit of Songpa-gu Seoul Songpa-gu apartment site, 62 Twit-gu, Songpa-gu, Seoul, 311, and was shocked by the blockingr installed on the above roads.

The defendant was driven under the influence of alcohol by the defendant from the slope E belonging to Seoul Song Police Station D, who was called to the scene of an accident, such as smelling the defendant and smelling on the face, etc.

Even though a person has received a demand for the measurement of alcohol by inserting the breath of alcohol in a breath of the same day, he/she did not comply with the measurement of alcohol without justifiable grounds, such as refusal of the first alcohol measurement by around 23:30 on the same day, refusal of the second alcohol measurement by around 23:35 on the same day, refusal of the third alcohol measurement by around 23:40 on the same day, refusal of the fourth alcohol measurement by around 23:46 on the same day, refusal of the fourth alcohol measurement by a police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes, such as a statement of the circumstances of drivers working at the State, rejection of measurement, circumstantial photographs, field photographs, and control records;

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. Articles 70 (1) and 69 (2) of the Criminal Act concerning confinement in a workhouse [the defendant and his/her defense counsel who have faithfully complied with a request for the measurement of drinking;

However, the following facts are acknowledged by the evidence duly adopted and investigated by this Court, namely, ① the person who was presented to the Defendant was an instrument operating normally, ② the Defendant refused to demand a drinking test on four occasions from May 5, 2017 to May 23:30 to 23:46, and the Defendant was confirmed by field photographs. ③ The Defendant was treated and prescribed as respiratory disease on the day immediately before the driving day of the drinking.

The materials related to the assertion were not submitted at all, and even if they were given medical treatment.

Even if such circumstance alone makes it impossible to comply with the alcohol measurement.