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

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

Punishment of the crime

On November 2, 2019, at around 00:40, the Defendant was under the influence of alcohol in front of B on the road at night B at night, and was under the back of the cargo vehicle at the right side of the cargo vehicle that was going behind the end, and accordingly, was required to comply with a drinking test by inserting the alcohol measuring instrument between 01:10 and 01:53 on the same day by inserting the freight vehicle at the right side of the cargo vehicle that was going behind the end, and accordingly, there was a considerable reason to suspect that the Defendant was under the influence of alcohol, such as smelling from the police officer D belonging to the Heunging Police Station who was dispatched after receiving the report.

그럼에도 피고인은 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. Notification of the results of the drinking driving control, the ledger of use of a drinking measuring instrument, and notification of completion of correction;

1. Drinkable image;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the selection of fines, and the selection of fines;

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

1. It is so decided as per Disposition on the grounds of not less than Article 334(1) of the Criminal Procedure Act (the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime and reflects the wrongness, and the occupation of the initial offender).