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 July 28, 2017, at around 01:32, the Defendant received 112 reports that he had observed drinking on the road in front of the E cafeteria located in the Chungcheongnamcheon-gun, Chungcheongnam-gun, and received the details from G during the process of the police box sent to the site.

During that period, the Defendant was smelled and breathed in the Defendant’s entrance, and the driving of a vehicle while under the influence of alcohol, such as glusing a road on the driving background.

If there are reasonable grounds to determine a person, G was demanded to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument three times from around that time to around 02:48, but the Defendant refused the measurement without justifiable grounds, thereby refusing to comply with the measurement by police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. The investigation report (the sequence 4 in the list of evidence);

1. Site for photograph;

1. Video CDs attached to an investigation report (Evidence No. 14);

1. Application of the Acts and subordinate statutes governing video CDs that refuse drinking measurement;

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

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

3. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the defendant did not comply with the police officer's drinking measurement.

However, at the time of this case, the mother of the defendant's mother was unable to conduct a measurement with extreme street between the defendant and police officer, and the police officer was unable to respond to the measurement by the defendant as a result of the wind that the police officer passively copes with it. Therefore, there is a justifiable reason to refuse the measurement by the defendant.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the Defendant is taking a alcohol test for police officers without justifiable grounds.