Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On July 26, 2012, at around 23:58, there was a reasonable ground to recognize that the Defendant was breathing in the Defendant’s entrance and driving under the influence of alcohol.

Despite that, the police officer's request for the measurement of alcohol at least three times within the C District of the Jinjin Police Station was rejected without any justifiable reason.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of witness E;

1. Part of the police statement of E and F;

1. A traffic accident report and a traffic accident report (1), and (2);

1. Report on detection of a drinking driver, report on the status of a drinking driver, and the ledger of use of a drinking measuring instrument;

1. Investigation report (on-site exit status, etc.);

1. Smoking accidents and photographs refusing to measure;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant laws concerning criminal facts, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, and selection of fines;

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

1. The defendant's assertion as to the provisional payment order under Article 334 (1) of the Criminal Procedure Act is asserted to the effect that it does not constitute a refusal of drinking alcohol measurement because he/she was not driving at the time.

Article 44(2) of the Road Traffic Act provides that when there are reasonable grounds to recognize that a person has driven a motor vehicle under the influence of alcohol, a driver may be breathed from a breath test, and Article 148(1)2 of the same Act provides that a person who has reasonable grounds to recognize that a person is under the influence of alcohol has a reasonable ground to believe that he/she is under the influence of alcohol is under the influence of alcohol may be punished by imprisonment with prison labor for not less than one year but not more than three years or by a fine not exceeding ten million won but not exceeding ten million won.

At the time of the occurrence of this case, the fact that the defendant was under the influence of alcohol is also recognized by the defendant. Therefore, it is a question as to whether there is a considerable reason to recognize that the defendant was driving a motor vehicle

This Court.