Defendant shall be punished by a fine of KRW 10,000,000.

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

Punishment of the crime

At around 22:50 on January 29, 2020, the Defendant caused an accident where the wheels was placed on the left side of the road, where the Defendant driven a DNA-learning passenger car in front of the “C” restaurant located in the Southern Sea Zone B.

Upon receiving the report of the above traffic accident, the Defendant received the demand from the police officer F of the South Sea Police Station E Zone E zone of the Defendant to snife in the Defendant’s entrance, face, red, and influence in drinking so as to cause the hiddenness during drinking. As a result, the Defendant confirmed the reaction of drinking.

피고인은 위와 같은 음주감지 결과를 확인한 뒤 두통을 호소하였고, 이에 같은 날 23:30경 남해군 G에 있는 H병원으로 후송되어, 남해경찰서 I팀 소속 경찰관 J으로부터 위와 같이 피고인이 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았음에도 여자화장실에 들어가 문을 걸어 잠그고, 밖으로 나오라는 경찰관들의 요구에 “네가 열어라!”, “남자가 여자화장실에 들어오면 되느냐” 등이라고 말하고, 경찰관 F이 여자화장실 문을 열고 밖으로 나가자고 하자 갑자기 하의를 탈의하려는 시늉을 하였다.

Since then, the Defendant was requested by the police officer belonging to the K District Police Station in the South Sea Police Station from 23:57 to 00:20 on the same day to re-influence of alcohol in the manner of breathing alcohol measuring instruments three times during the same day, but rejected it.

Accordingly, the defendant did not comply with a police officer's request for a drinking test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on circumstantial statements, investigation reports (Report on the status of a driver with an employer), internal investigation reports and investigation reports (Evidence List Nos. 4, 5 and 9);

1. Relevant Articles of the Act and Articles 148-2 (2) and 44 of the Road Traffic Act concerning the crime and the choice of punishment;