Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On February 1, 2020, the Defendant, at around 16:30, operated the DMW 520i car to visit the “C District District District” located in Ulsan-gu B, Ulsan-gu, with a view to making a claim related to the handling of the 112 Reporting Cases on the day.

At around 17:57 on the same day, the Defendant was required to respond to the measurement of drinking alcohol by inserting approximately 15 minutes of the alcohol measuring instrument in a manner of injecting alcohol while under the influence of alcohol, such as the face from E belonging to the Ulsannam Police Station C District of the Ulsannam Police Station, after completing an interview, and her face was red, snow was fluored, and boomed, and a considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as smelling in the entrance.

Nevertheless, the defendant refused to take a sobage test and failed to comply with a police officer's request for a sobage test without justifiable grounds.

Summary of Evidence

1. Witness F and E’s legal statement;

1. Results of the crackdown on drunk driving (A);

1. Statement on the circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A report on internal investigation (a list of 112 reported cases);

1. The defendant and his defense counsel asserted that since the defendant was not under the influence of alcohol at the time, the police officer's request for a alcohol measurement is unreasonable and thus, the crime of refusing to measure alcohol is not established.

The crime of refusing to measure alcohol under Article 148-2 (2) of the Road Traffic Act is established when a person who has a reasonable ground to be recognized as being under the influence of alcohol fails to comply with the measurement by a police officer under Article 44 (2), and in this context, the term "under the influence of alcohol" means a person under the influence of alcohol whose blood alcohol level is not less than 0.03%, which is punished for the crime of drunk driving. Therefore, in order to establish the crime of refusing to measure alcohol, there is a reasonable ground to recognize that the driver at the time of the request for measurement of alcohol level is in the state of not less than 0.03% of blood alcohol level, but at least 0.03% of blood alcohol level.