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 14, 2012, around 04:53, the Defendant: (a) driven the MBC street road in Ulsan-gu, Ulsan-si, Ulsan-si, by driving a freight vehicle B, under the influence of drinking, while driving the motor vehicle.

The Defendant received a report of stopping on the road, and there are reasonable grounds to recognize that he was driving under the influence of alcohol, such as drinking and smelling to the Defendant, from a slope D belonging to the C Zone District, which was called out by the Defendant, and was demanded to comply with a drinking test by inserting the whole breath of alcohol over three minutes from 05:07 to 05:37 of the same day.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 음주측정을 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger on the inspection of occurrence, report on the status of a drinking driver, and the ledger on the use of a drinking measuring instrument;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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