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

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

Punishment of the crime

On December 27, 2017, at around 21:45, the Defendant driven a motor vehicle with C-A-A-A-A-A-car on the front side of the Nam-gu Incheon Metropolitan City, and received a report thereon, and was driven under the influence of alcohol by the Defendant, such as smelling and smelling the Defendant from the head of the Incheon Southern Police Station D Team D Team E, which called the Defendant.

Even though there is considerable reason to suspect that there is a considerable reason, the police officer did not comply with a request for a measurement of drinking for about 10 minutes, without any justifiable reason.

Summary of Evidence

1. The results of a CD (videos of which drinking is refused to measure);

1. Statement made by the police with regard to F;

1. The Defendant asserts to the effect that, inasmuch as he/she refused to conduct a measurement by deeming that he/she did not have any reason to respond to the measurement of drinking, he/she is not in contact with the accident, there was a justifiable reason, and that, at intervals of five minutes, the request for a measurement of drinking was illegal, since he/she did not comply with the control guidelines under which he/she is required to take a measurement of drinking at least three times.

A police officer who drives a motor vehicle under the influence of alcohol;

If a driver refuses to take a drinking test in a manner deemed to be reasonable in light of social norms, a crime of refusing to take a drinking test is established under the Road Traffic Act. The National Police Agency’s traffic control guidelines are only based on the internal guidelines of the National Police Agency, and cannot externally affect the same to the general public or be bound by the court. Thus, a police officer’s violation of such guidelines in the course of demanding a drinking test.

Even if a request for the measurement of drinking alcohol cannot be deemed illegal (see Supreme Court Decision 2005Do8075, Dec. 9, 2005): Provided, That the police officer did not notify the disadvantage resulting from the measurement of drinking on more than three occasions, and thus, the police officer did not have an opportunity to seriously consider whether the defendant complies with the measurement of drinking alcohol.