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 December 26, 2015, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol and smelling on the face of the Seoul Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) from the slope F belonging to the Seoul Gwangjin Police Station Ethical Police Station, called for 112 while driving a motor vehicle under the influence of alcohol on the front of Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu), and driving the motor vehicle under the influence of alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Each legal statement of G, H and F;

1. Statement of the circumstances of the driver involved in driving;

1. The photograph and CD [the defendant and his defense counsel asserted to the effect that the defendant properly responded to a police officer's request for alcohol measurement, but the following circumstances acknowledged by the aforementioned evidence, namely, at the time when the defendant was requested to take a alcohol measurement, the defendant was in the state of the defendant's galle distance and his face belted red light, and the defendant also driven 3 remaining degree of malle in the police at the time of the police.

The statement, the crackdown police officer in charge that the defendant gets the defendant to breathly in a drinking measuring instrument.

In full view of the fact that even though the defendant did not have the wind properly over several times, and that the drinking measuring instrument used at the time of the instant case seems to have been normally operated, it can be recognized that the Defendant refused to measure drinking in a manner that does not put the wind into the drinking measuring instrument at the time of the instant case, so the Defendant and the defense counsel do not accept the above argument.

Application of Statutes

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 (2) of the same Act concerning facts constituting an offense;