Defendant shall be punished by a fine of KRW 10,000,000.

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

Punishment of the crime

On December 17, 2018, at around 23:33, 2018, the Defendant: (a) driven a Da SM5 car owned by C while drinking alcohol on the front of the Gunsan-si B; (b) went away from the tea, and was sent to the E emergency room by the 119 first-aid vehicle.

On December 18, 2018, between 00:10:00 to 00:40 on December 18, 2018, the Defendant was demanded to respond to the measurement of alcohol by inserting approximately 20 minutes of alcohol into a drinking measuring instrument, for the following reasons: (a) there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant, from G during the police box of the Military Police Station in the above emergency room, sniffing alcohol, snicking on the face, sniffing, and

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Determination as to the assertion by the defendant and his defense counsel as to the investigation report (a statement of a shote), traffic accident report (a survey report), accident site photograph, investigation report (a report on the circumstances of an shote driver), investigation report (in relation to refusal to take a pacti

1. The gist of the assertion was that the Defendant was not in a state of breathesis in a drunk due to an injury caused by a traffic accident, and that the Defendant did not properly comply with the procedure or request for consent to blood collection in accordance with the traffic control guidelines of the National Police Agency. Therefore, the Defendant did not have any intent to refuse to

2. Determination

A. In light of the following circumstances that are duly admitted and examined by this Court, the Defendant’s intent to refuse to measure alcohol is recognized as objectively.

(1) At the time when the Defendant sent a traffic accident falling off on the argument that fell off from the tea line, the Defendant had a considerable reason to suspect the driving of a drinking alcohol in the state of snicking and snicking, snicking on the face, and snicking on the eye.