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

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

Criminal facts

At around 18:45 on August 20, 2012, the Defendant showed a witness to drive a D car under the influence of drinking from C Apartment 306-dong, Namyang-si, Namyang-si to 304-dong, and there are reasonable grounds to recognize that the Defendant was driving under the influence of drinking, such as drinking, drinking, snicking on the face, cutting, walking, and walking, etc., the Defendant did not comply with the request of a police officer for a measurement of drinking without justifiable grounds, even though the Defendant was requested to comply with the alcohol level by inserting the scambling F from around 19:34 to 20:04 on the same day, in the southyang-gu, Namyang-gu, the Escamba, Namyang-gu, the Escamba, which was requested to comply with the alcohol level by inserting the alcohol level for four times from around 19:34 to 2004 on

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and F;

1. Investigation report (Evidence Nos. 9);

1. On-site photographs, the defendant and his defense counsel's assertion

1. The defendant and his defense counsel asserts that the defendant's response to the measurement of drinking at two times, but the result of measurement was not found due to the malfunction of measuring machines.

2. 판단 호흡측정기에 의한 음주측정은 운전자가 호흡측정기에 숨을 세게 불어넣는 방식으로 행하여지는 것으로서 여기에는 운전자의 자발적인 협조가 필수적이라 할 것이므로, 운전자가 경찰공무원으로부터 음주측정을 요구받고 호흡측정기에 숨을 내쉬는 시늉만 하는 등 형식적으로 음주측정에 응하였을 뿐 경찰공무원의 거듭된 요구에도 불구하고 호흡측정기에 음주측정수치가 나타날 정도로 숨을 제대로 불어넣지 아니하였다면 이는 실질적으로 음주측정에 불응한 것과 다를 바 없다

As long as a driver fails to comply with a drinking test by a pulmonary measuring instrument without any justifiable reason, the crime of non-compliance with a drinking test is established.

Supreme Court Decision 200 March 1, 200