Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

around 04:50 on October 4, 2015, the Defendant driven a motor vehicle while under the influence of alcohol, such as where Cunststun motor vehicle was driven by the said B studio, and the Defendant was seated next to the said motor vehicle, and the Defendant was snicking, snicking red on the face, and displaying the red color, etc. as a result of the inspection of the drinking reduction.

Even though there are reasonable grounds to designate a person, the police officer failed to comply with the measurement of alcohol without justifiable grounds, such as refusal to measure the first alcohol at around 05:33 on the same day, refusal to measure the second alcohol at around 05:51 on the same day, refusal to measure the second alcohol at around 06:02 on the same day, refusal to measure the third alcohol at around 06:02 on the same day, refusal to measure the fourth alcohol, refusal to measure the fourth alcohol at around 06:14 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports and internal investigation reports (an investigation into a suspect's refusal to measure drinking);

1. A copy of the ledger using a drinking-free measuring instrument, a report on the situation of the driver himself, a report on the detection of the driver himself/herself, and the application of each photograph;

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. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. In light of the fact that the Defendant did not comply with the measurement of drinking alcohol while driving a traffic accident causing physical damage due to the sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order, the Defendant cannot be exempted from the punishment corresponding thereto.

However, under favorable circumstances such as the fact that the defendant was the first offender without previous conviction, and that his mistake is divided, the defendant shall be sentenced to the punishment like the order in consideration of all the conditions of sentencing, such as the age, sex, environment, etc. of the defendant.