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

On August 12, 2014, at the emergency department of D Hospital located in Nowon-gu, Seoul Special Metropolitan City on August 16:20, 2014, the Defendant driven the FCA 1110V E in the Seoul Nowon-gu Police Station guard, the traffic survey team, and the traffic survey team.

As there are reasonable grounds to recognize that the defendant was driven while under the influence of alcohol, such as smelling the defendant by drinking, having difficulty in walking the defendant, belting his face, etc., the defendant was demanded to respond to the measurement of drinking for 40 minutes through three times.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Control note;

1. A copy of 119 emergency medical service log; and

1. Application of field photographs and statutes on suspect photographs;

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 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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;