Defendant shall be punished by a fine of KRW 2,500,000.

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

Punishment of the crime

The defendant is a person who drives a car B.

On May 15, 2013, while under the influence of alcohol around 05:25, the Defendant was under the influence of alcohol, and the left-hand turn back near the access road, which is located near the access road, was driven at a speed of 397 in front of the road 397, Gangnam-gu, Seoul, in the direction of the Olympic in the direction from the slope of the voltages of the earth.

At this time, the police officer of the Gangnam Police Station, who was patroled around the accident site, found the driver's vehicle of the defendant who was under the stop after having a pentle and found the driver's vehicle, and smelled in the entrance while asking the defendant for the circumstances of the accident, so the driver's vehicle was demanded to comply with the drinking measurement by voluntary driving as a traffic accident investigation supervisor.

그러나 피고인은 같은 날 06:15경 1차 측정거부, 06:25경 2차 측정거부, 06:37경 3차 측정거부, 06:51경 음주측정을 거부하는 등 총 4회에 걸쳐 계속하여 물만 마시고 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 이유 없이 경찰관의 음주측정요구를 거부하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Entry in the circumstantial statement report of a host driver;

1. Statement of control details;

1. Application of image Acts and subordinate statutes to photographs which refuse to measure alcohol;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 2011);

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;