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

Around 02:50 on October 29, 2018, the Defendant parked the vehicle C while drunk at the underground parking lot of the apartment of the Busanbuk-gu, Busan, after driving the vehicle under the influence of alcohol, and after receiving 112 reports on the existence of a drunk driving vehicle, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument for about 20 minutes on the ground that there is considerable reason to recognize it as a drunk driving, such as a breath of the above cargo vehicle from a police officer belonging to the Mandon District Police Station of Busan, Busan, which called after receiving 112 reports on the existence of a drunk driving vehicle. On the same day, the Defendant did not comply with the drinking test by inserting the drinking measuring instrument for about 20 minutes on the ground that there seems to be against other vehicles on the right side of the above cargo vehicle. However, even if he did not comply with the above request for a drinking measuring instrument for the reason that it is difficult for the Defendant to comply with the demand of the Police Station to arrest the vehicle under the influence of traffic on the same day.

As a result, the defendant did not comply with a police officer's demand for alcohol testing on two occasions without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Application of traffic accident reports, on-site photographs, circumstantial statements of a drinking driver, reports on detection of a drinking driver, and Acts and subordinate statutes concerning refusal to measure drinking;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;