1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine.

Punishment of the crime

On August 5, 2015, at around 23:20, the Defendant was required to respond to a drinking test by inserting alcohol into a drinking measuring instrument for about 45 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven a D car while driving the D car on the front side of the Cmate in Gwangju Mine District, from E in the circumstances where the Gwangju Mine Police Station belongs, while driving the D car while drinking it on the front side of the Gwangju Mine District.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant asserts to the effect that the crime of refusing to take a breath test is not committed since he/she refused to take a breath test because he/she did not comply with a police officer's request for a blood sampling method because he/she was not in a health condition due to the above breathic, etc. The defendant asserts that the crime of refusing to take a breath test is not established. According to Article 44(2) of the Road Traffic Act, in a case where there are reasonable grounds to recognize that he/she driven a motor vehicle under the influence of alcohol, a police officer may take a breath test by the breathr, and the driver is obliged to comply with the breath test. However, in a case where the breath test by the breathr is impossible or extremely difficult due to a driver's physical disorder, etc., despite the driver's request for a breath test by the breathr, despite his/her body condition, even if the breathr failed to properly take a brea test (see, etc.).