Defendant shall be punished by a fine of KRW 6,000,000.

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

Punishment of the crime

On August 16, 2014, the Defendant had considerable reasons to recognize that he driven a motor vehicle under the influence of alcohol due to the influence of alcohol, while driving a motor vehicle of CSMMM2(SM5) at the front of the Defendant at his own free will, while driving the motor vehicle of CSMMM2(SM5) at the same time.

그리하여 피고인은 같은 날 18:51경부터 19:23경까지 3회에 걸쳐 고양경찰서 화전파출소에서 위 파출소 소속 경장 D으로부터 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받고도, 음주측정기에 입을 갖다 대어 입김을 부는 시늉만 할 뿐 실제로 입김을 불지 않는 방법으로 위 D의 음주측정 요구를 거부하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to the ledger of use of drinking meters;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that there is a history of the same or similar type of crime in the past, the nature of the crime is bad, and that there is a great need for strict punishment in light of the status as public officials who need more exemplary action.

However, the sentence was imposed in consideration of the fact that the defendant's mistake was divided and reflected, and that the past history was a crime around 2007.

It is so decided as per Disposition for the above reasons.