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 June 15, 2014, at around 00:55, the Defendant was required to comply with the drinking test by inserting alcohol into a drinking measuring instrument at around 01:05 on the same day, on the grounds that there are reasonable grounds to recognize that the Defendant driven a fk5 car while driving the fk5 car in front of the “E” on the road located in Suwon-si, Suwon-nam Police Station G Police Station, which belongs to the relevant police station in Suwon-nam Police Station, while drinking the car in front of the “E” on the road.

At this time, the defendant and his defense counsel only requested for a measurement of drinking alcohol using a drinking-free measuring instrument, which is argued that it does not constitute a legitimate request for a measurement of drinking under the Road Traffic Act, but the investigation report (in the investigation record 16 pages), which is incorrect that the defendant had a large amount of smelling, and that the defendant requested the defendant to respond to a measurement using a drinking-free measuring instrument due to the lack of normal operation, but the defendant refused it, and even though the defendant requested a measurement of drinking using a drinking-free measuring instrument at around 01:05, the defendant can be found to have refused it.

Accordingly, the Defendant refused to take a alcohol level and attempted to flee, and thus arrested the above H as a flagrant offender committing a violation of the Road Traffic Act (Refusal of taking a alcohol level measurement) and sent it to the G police box. On the same day, the Defendant was demanded to comply with the alcohol level measurement by the aforementioned method over about 30 minutes, including a second measurement request around 01:28 on the same day, and a third measurement request around 01:40 on the same day.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a letter of arrest of a flagrant offender, a report on the situation of a drinking driver, a photograph related to refusal of drinking, an investigation report, and a report on the situation of a drinking driving;

1. Relevant Article of the Act on the Crime and Article 148-2 (1) 2 of the Road Traffic Act, which select the punishment for the crime;