Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

On February 22 and 10, 2010, the Defendant was demanded to comply with the drinking test (round 23:43, around 23:53, around 3:00, around 00:03, around 30:03, around 30:03, around 23:53, and around 0:03, around 30:03) by means of taking a drinking measuring instrument into consideration, on the ground that there are reasonable grounds to recognize that the Defendant driven a bknife vehicle under the influence of alcohol, such as drinking a large amount of smelling and bknifing on the face, while driving the 2knife vehicle under the influence of alcohol on the front of the 210 Frife-dong, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 음주측정을 거부한 채 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of investigation reports, and Acts and subordinate statutes governing field photographs which refuse to measure drinking;

1. Relevant legal provisions and Articles 148-2 subparagraph 2 and 44 (2) of the former Road Traffic Act (wholly amended by Act No. 10790, Jun. 8, 201);

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

3. Article 334 (1) of the Criminal Procedure Act.