Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On May 22, 2015, the Defendant, while driving a BM5 vehicle under the influence of alcohol on the five-way city prior to the Hansan subway Station No. 5-dong, Seosan-gu, Busan Metropolitan City on May 22, 2015, there was considerable reason to recognize that the Defendant driven the vehicle under the influence of alcohol by a police officer belonging to the Busan Urban Traffic Safety Station, who controls drinking at the same time, by questioning the Defendant in order to grasp the on-site situation and avoiding answers to questions.

Therefore, the Defendant was demanded to comply with the drinking test by inserting the whole breath at intervals of about 10 minutes in the above place at approximately 21:31 on the same day.

그럼에도 피고인은 음주측정기를 입에 대고 측정하려고 하는 경찰관에게 측정기의 불대로 불지 않고 옆쪽으로 부는 시늉을 하다가 채혈 요구하여 혈액채취동의서를 작성하였다가 채혈하지 않겠다고 하고, 계속하여 측정을 요구하는 경찰관에게 측정기에 입김을 부는 시늉만 하는 방법으로 음주측정을 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, reports on the state of drinking drivers, and records of the control of drinking driving;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;