Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

The Defendant is the captain of the inshore-type fishing vessel B (7.93 tons) in west-gun, Chungcheongnam-gun.

On October 28, 2014, at around 19:40, the Defendant was demanded to respond to a drinking test by inserting a drinking measuring instrument over about 30 minutes, in order to ensure the safety of marine transportation and prevent danger, on the said vessel, which is on the sea of approximately 2.3 math in the south-east bank of the Masan City, Sinsan-si, and on the sea of approximately 2.3 math of the south-east bank of the Gunsan Coast Guard, the Defendant, as well as the Defendant, was able to snife and snife and snife the face, while under the influence of alcohol, as the Defendant was anticipated to drive the said vessel, and

Nevertheless, the Defendant refused to comply with a police officer’s request for sobreath measurement without justifiable grounds, by avoiding inserting the breath of a drinking measuring instrument into a drinking measuring instrument.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police officer;

1. A report on detection of the operator of a host vessel;

1. Materials printed out of the measuring instruments of drinking alcohol;

1. The circumstantial report;

1. One copy of video CD which refused to take a alcohol level [the defendant complied with four times with the alcohol level measurement by a traffic police officer, but the defendant only failed to comply with the fifth fiveth, and there is a justifiable reason to refuse the alcohol level measurement. However, according to the evidence duly adopted and investigated by the court, the defendant lawfully adopted the evidence reveals that ① although the defendant was requested by the traffic police officer C to check whether to take alcohol, he did not put the respiratory part necessary for the operation of the alcohol measuring device, so he did not put the respiratory part over three to four times, and ② during the process, the defendant's alcohol was concealed, and the defendant's refusal to take a alcohol level measurement by the above police officer to take a alcohol level measurement, and in light of this, there is no justifiable reason to refuse the request for a alcohol level measurement. Accordingly, the defendant's above assertion is without merit] to apply the law.

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;