Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On November 30, 2012, at around 23:20, the Defendant was demanded to comply with the drinking test by inserting the dlesson car into a drinking measuring instrument four minutes for about 40 minutes, on the ground that there are reasonable grounds to recognize that the Defendant driven a dlesson car while under the influence of alcohol, such as the flow of snow and rain, etc., from the slope C belonging to the Daegu Water Station in front of the Homepus Station located in the Daegu Water-dong, Daegu Water-gu, and that the Defendant driven a dlesson car in the influence of alcohol.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a suspect in violation of the Road Traffic Act (driving) and a statement in the circumstances of the driver;

1. Application of the Acts and subordinate statutes to investigation reports (as to refusal of noise measurement);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Articles 70 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;