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

The defendant is a person who drives a car in C'Adid'.

On February 27, 2014, the Defendant driven the above vehicle while under the influence of alcohol concentration that cannot be known at around 03:49, and started from the place where it is impossible to identify the Samsungdong in Gangnam-gu Seoul, Seoul, and driven a drunk distance to 70-ro 22, 70-gil 22 (alternative-dong) at the same time.

The defendant was requested three times in total on the same day from 04:25, 04:35, 04:45, and 04:45 on the same day to measure a drunk from a police officer as a breath test on the grounds that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, and in such cases, the driver shall comply with a measurement by a police officer.

Nevertheless, the defendant refused to comply with the drinking alcohol measurement without complying with it.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Statement of witness F in the second protocol of the trial;

1. A letter of arrest of a flagrant offender;

1. Control note;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to written E;

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. The defendant and his defense counsel on the assertion of litigants under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order. The defendant and his defense counsel have meaning as an investigation procedure to collect evidence of the criminal act of drinking driving, which was already conducted. The defendant's act of demanding a drinking test without a warrant, without a warrant, on the ground that the defendant's refusal to comply with it, cannot be punished as a crime of violation of the Road Traffic Act.

In light of the following circumstances recognized by comprehensively taking account of the evidence mentioned above, the act of the police officer demanding a drinking test within the defendant's residential area is stipulated in Article 216 (1) of the Criminal Procedure Act.