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 September 19, 2015, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant and sprinking on the face, on the front side of a mountain fluoron, in the direction of a mountain fluoron, in the direction of a mountain fluoron, in the direction of a mountain fluoron, at around 21:58.

Due to reasonable grounds, it was required three times to respond to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Reporting on the arrest of a case;

1. The circumstantial report of the driver employed at the main place;

1. A department that uses a drinking measuring instrument and regulates the operation of drinking instruments;

1. Application of Acts and subordinate statutes to the completion of correction;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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

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

1. Determination as to the assertion of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendant, at the request of the police officer, responded to the breath measurement by the breath measuring instrument at least 15 times, but did not properly conduct the measurement due to the breath reason.

2. 판단 호흡 측정기에 의한 음주 측정은 운전자가 호흡 측정기에 숨을 세게 불어 넣는 방식으로 행하여 지는 것으로서 여기에는 운전자의 자발적인 협조가 필수적이라고 할 것이므로, 운전자가 경찰공무원으로부터 음주 측정을 요구 받고 호흡 측정기에 숨을 내쉬는 시늉만 하는 등 형식적으로 음주 측정에 응하였을 뿐 경찰공무원의 거듭 된 요구에도 불구하고 호흡 측정기에 음주 측정 수치가 나타날 정도로 숨을 제대로 불어넣지 아니하였다면 이는 실질적으로 음주 측정에 불응한 것과...