Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On January 19, 2018, the Defendant, while driving a car by drinking alcohol on the front side of the Southern-gun, Southern-gun, Seoul-do, at around 18:20, while driving the car, was under the influence of alcohol, received the part of the driver’s seat of D cab parked on the right side of the above road as the front string of the above vehicle. Upon receipt of the report, the Defendant was demanded to comply with a drinking test by inserting the part of the driver’s seat of D cab parked on the right side of the above road, and there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as the Defendant’s smelling from F in the situation where the E zone belongs to the Southern Police Station in the Southern-do, the Defendant called out after receiving the report, and making the Defendant snicking and smelting the alcohol in the Defendant’s entrance, and from 18:37 on

그럼에도 피고인은 씹고 있던 껌이나 혓바닥으로 음주측정기의 빨대 부분을 막으며 바람을 불어 넣는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Legal statement of witness F;

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement concerning G;

1. Determination as to the assertion by the defendant and his defense counsel as to the occurrence of the traffic accident report, each traffic accident report (actual condition survey report), the report on the actual state of driving at home, the investigation report (in the absence of h), the investigation report (CCTV accident video analysis) (CCTV accident) and the investigation report

1. Defendant’s assertion

A. Although there was no reasonable ground to believe that the Defendant was driving a motor vehicle under the influence of alcohol at the time of the instant case, the police officer demanded a drinking test, which is unlawful.

B. The police officer did not verify the Defendant’s use of similar alcohol, such as the final drinking time and oral administration, when demanding a alcohol measurement, and did not notify the method of measurement and the principle of no disturbance due to blood collection, and requested a alcohol measurement in violation of the traffic control guidelines, and the Defendant was in accordance with the Southern Sea Police Station E zone.