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

The Defendant is a person engaging in C Freight Driving.

On May 13, 2017, the Defendant driven a freight vehicle while drinking about about 5 km at a distance of 5 km to the road within the Dompo-dong Dompo-dong Dompo-dong, Busan, on the front of the Busan National Fire Station on May 13, 2017, while driving a freight vehicle with approximately 5 km, the Defendant driven the Defendant under the influence of alcohol, such as the following 1 patrol police box of the Busan National Police Station, D Senior Dompo-gu, Busan National Police Station E, and one other.

In spite of a significant reason to determine a person, even if the person required to take a breath measurement with a breath measuring instrument without justifiable reason, the person is punished when the person refuses to take a breath measurement, and the person demanded to take a breath measurement up to 19:24 minutes per the same day, 19:29 minutes per the same day, 19:35 minutes per the same day, and 19:35 times per the same day, "I am why the person will control

"며 측정을 거부하고 호흡 측정기에 입김을 불어 넣는 시늉만 하는 등 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Investigative reports (Refusal to measure driving of alcohol);

1. A photograph refusing measurement;

1. Application of Acts and subordinate statutes to the 112 Reporting List;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. According to the Korean National Police Agency's guidelines for traffic control, the police officer, at intervals of 5 minutes, should notify the defendant of the disadvantage resulting from the non-measurement of alcohol measurement at least three times, but the controlling police officer did not notify the defendant of the disadvantage resulting from the non-measurement of the measurement at the time of measuring the first and second drinking, and the sufficient time.