Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

On August 1, 2017, the Defendant driven a motor vehicle under the influence of alcohol by the Defendant, such as drinking, smelling, and reding, from the Defendant, from the Defendant, who was driving a motor vehicle under B on the front of B on the front of B, by a police box D police box of the Boan Police Station, while driving the motor vehicle under the influence of alcohol on the front of B.

Due to reasonable grounds, there was a demand to respond to the measurement of drinking by inserting approximately 50 minutes in a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Statement of witness E in the third public trial protocol;

1. Report on the circumstances of driving under the influence of liquor (limited to a photographic part) [The Defendant was under the influence of alcohol since he was in a state of not drinking alcohol at that time.]

It argues that there is no reasonable ground to determine a person, and that the drinking-free measuring instrument was breathed in two times, so that it did not comply with the request for the measurement of drinking.

However, according to the consistent statement of the witness E as to the defendant's speech and behavior at the time, the defendant was under the influence of alcohol.

Article 148-2 (1) 2 of the Road Traffic Act provides that the person is under the influence of alcohol.

A person with considerable grounds for appointment who fails to comply with the measurement by a police officer is subject to punishment. As such, even if the Defendant did not drink at the time, he/she was in a state that he/she did not drink at the time.

Even if it is not an obstacle to recognizing the above facts of crime, it shall not be an obstacle.

B. A witness E means that a defendant is punished by imprisonment with prison labor for a demand for the measurement of drinking.

In refusal, the Defendant made a statement to the effect that he was spiting the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath, without