Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On September 3, 2019, at around 16:00, the Defendant was required to comply with the measurement of drinking alcohol by inserting alcohol measuring instruments four times in total from 16:49 to 17:05 on September 3, 2019, for the following reasons: (a) there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, such as drinking, drinking, drinking, drinking, and drinking on the roads of Hanwon, the circumstances belonging to the Dongdong Police Station, and the police officer F, etc. who was called up after receiving a report on 112 that he was under the influence of alcohol; and (b) the Defendant was under the influence of alcohol by inserting alcohol measuring instruments for four times in total.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하거나 이를 회피하는 방법으로 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection (violation of the Road Traffic Act);

1. A report on the actual state of the driver;

1. Application of statutes on site photographs;

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the defendant's past records of punishment once for drunk driving, and the defendant's refusal to take a drinking test, while the defendant is against the crime, the above drinking prior to drinking, and the circumstances favorable to the defendant, such as the fact that the defendant has no particular criminal record, are considered in 201, and the above drinking prior to drinking and there is no particular criminal record, are considered. It is so decided as per Disposition by taking into account all the other conditions for sentencing specified in the records of this case.