Defendant shall be punished by a fine of KRW 8,000,000.

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

Punishment of the crime

At around 21:20 on November 28, 2012, the Defendant was driving a Bag-do passenger car in front of the Bag-ro, Daegu-gu, Daegu-gu, under the influence of drinking. On November 28, 2012, the Defendant demanded the Defendant to comply with the drinking test by inserting the brea-do passenger car in front of the Bag-do passenger car in the influence of drinking. There are reasonable grounds to recognize that the Defendant was driving under the influence of drinking, such as smelling on the face and snicking on the face, etc., by inserting the brea-do passenger car in the influence of drinking during about 31 minutes.

그럼에도 피고인은 “야이 씨발놈들아, 호로개새끼들아”라는 욕설을 하고 상의를 탈의한후 본인 휴대폰을 인도에 던지는 등 행패를 부렸으며 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A report on investigation;

1. Investigation reports (Attachment to the same type of judgment, etc.); and

1. Application of Acts and subordinate statutes to a report on investigation (verification of the measuring process);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the criminal records of the defendant's violation of the Road Traffic Act on the grounds of sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order, first, the defendant was punished by a fine of 3.5 million won on December 2001 due to the crime of refusing to measure alcohol and the crime of drunk driving, second, the defendant was punished by a fine of 1 million won on September 2002.

Third, on April 4, 2002, it was punished by a fine of 4 million won on February 2003 for committing the crime of refusing to measure drinking and the crime of non-licensed driving.

Fourth, even though it was done on August 9, 2003, it was punished by a fine of 1 million won on November 2003.

Nevertheless, the fifth, the crime of drunk driving and the crime of non-licensed driving are also refilled, and a fine of 3 million won was imposed on June 2007, and the fifth, and the fifth.