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

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

Punishment of the crime

On November 22, 2012, at around 22:45, the Defendant was under the influence of alcohol in front of D’s farm located in Seocheon-gun, Gyeonggi-do, and was demanded to comply with a drinking test by inserting it into a drinking measuring instrument for approximately 26 minutes on the breath of alcohol, by inserting away from G during the police box called up upon the above D’s report while the Defendant was under the influence of alcohol, with a large amount of drinking, snicking, snicking, and snicking on the face of the Defendant from G during the course of a police box called up with the above D’s report.

Nevertheless, the defendant continued to avoid a drinking test and failed to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and D;

1. A report on the actual status of a host driver;

1. Scenic photographs;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act are found to the effect that although the defendant refused to take a alcohol test by a police officer on the same day, the defendant did not drive the drinking on the same day and there was no reasonable ground to suspect that he had driven, so the crime of refusing to take a alcohol test under Article 148-2 (1) 2 of the Road Traffic Act is established when a person with considerable reason to recognize that he was under the influence of alcohol fails to comply with the measurement by a police officer under Article 44 (2) of the same Act, and in light of the provisions of Article 44 (2) of the same Act, the objective circumstance at the time of the request for a alcohol test