1. The sentence against the accused shall be five million won;

2. The defendant does not pay the above fine.

Punishment of the crime

The defendant is a person who drives a fixed freight vehicle C.

On May 29, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol and smelling on the face, while driving the said cargo vehicle at the access road to the mountain basin, which is located within the city of Ansan-dong, while drinking the alcohol on May 29, 2017, and then driving the motor vehicle to a person who was sent to an emergency room at the D., and then was sent to the D. emergency department, from F. of the police box at the Ansan-dong Police Station, to the Defendant.

Due to reasonable grounds to determine a person, the same day was demanded from 23:15 to 23:25 of the same day to respond to the measurement of drinking at intervals of five minutes in a manner of inserting the whole breath of drinking at intervals of five minutes.

Nevertheless, the Defendant, while recognizing the driving of drinking alcohol, failed to put in a measuring instrument, etc., and failed to comply with a police officer’s request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Reporting on the occurrence of a traffic accident, reporting on the detection of a driver at driving, reporting on the circumstances of the driver at driving, inspection report on actual condition, and inquiry into the results of regulating the driving of drinking;

1. The application of Acts and subordinate statutes to each investigation report (to make a report on the situation of a driver in charge, the details of the dispatch to the scene of a traffic accident, etc., to put a mark on the case subject to 112 report, to put a copy of the ledger using a d

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;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the background, method, result, the criminal history, attitude, age, sexual conduct, environment, circumstances after the crime, and the principle of prohibition of disadvantageous change, etc., of the instant case, shall be determined as set forth in the Disposition above, taking into account all the circumstances revealed in the arguments and records.