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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On September 24, 2012, around 00:10 on September 24, 2012, the Defendant, while driving a new-fran vehicle on the front of the department store located in the new-franchising Kim Jong-dong, Kim Jong-dong, and caused a traffic accident, was voluntarily driven to the traffic accident investigation office of the Kimhae-gu Police Station

On September 24, 2012, the Defendant was required to respond to the measurement of alcohol in such a way that the Defendant was under the influence of alcohol, such as smelling and smelling red on the face, and that the Defendant was required to respond to the measurement of alcohol by inserting it into four times in total four times at around 00:43 on September 24, 2012, around 00:53 on the same day, around 00:53 on the same day, around 01:04 on the same day, and around 01:16 on the same day.

그러나 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reports on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to ten million won;

2. Determination of sentence: The Road Traffic Act has already been amended to punish a fine of KRW 5 million, who has already been sentenced to a fine for driving under the influence of alcohol twice, in a case where a police official refuses to take a drinking test without any justifiable reason for the purpose of preventing a driving under the influence of alcohol that threatens the safety of road traffic and overcing the awareness of it, without any justifiable reason. The statutory punishment of the instant crime provides that the statutory punishment of the instant crime shall be imposed “a punishment of imprisonment for not less than one year but not more than three years or a fine of not less than 5 million, but not more than 10 million won” in summary proceedings.