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 October 31, 2014, at around 02:41, the Defendant: (a) was under the influence of alcohol, and reported that the driver of the driver who was seated at the driver was divingd while driving the second line road prior to the Busan City Viewing Office, located in 2:0,00 the Busan City Do, while driving the second line motor vehicle prior to the Busan City Viewing Office, and was under the influence of alcohol; (b) discovered the Defendant who was divingd within the vehicle from the border of the Busan Jin Police Station C Zone D belonging to the Busan Jining Police Station; and (c) caused him to go off from the driver’s seat to ascertain the site conditions, the Defendant was breading the driver while driving the second line of the second line motor vehicle prior to the Busan City Do Ying Office. In addition, there was considerable reason to recognize that the Defendant was under the influence of alcohol.

그리하여 피고인은 같은 날 03:02경 위 장소에서 음주측정을 위해 약 10분 간격으로 3회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았음에도 불구하고, 피고인은 음주측정기를 입에 대고 측정하려고 하는 경찰관에게 “내가 운전을 하지 않았다. 친구 및 대리운전자가 운전을 하였다”라고 변명하여 운전한 대리운전자와 친구의 연락처를 묻자 “모르겠다. 마음대로 해라”며 음주측정을 거부하고, 반복하여 음주측정기에 부착된 빨대를 입에 물고 풍선을 불듯이 그만 할 때까지 약 3초간 불어라고 측정을 요구하는 경찰관에게 측정기에 입김을 부는 시늉만 하는 방법으로 음주측정을 회피하여 정당한 사유없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act and Article 148-2 of the Road Traffic Act concerning the crime and the choice of punishment;