Defendant shall be punished by a fine of KRW 6,000,000.

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

Punishment of the crime

On November 29, 2014, around 04:42, the Defendant, while driving a BK5 car while drinking the road prior to the “besininland” located in the Young-si, Young-si, Seoul Special Metropolitan City, Chungcheongnam-si, the Defendant controlled D to a policeman belonging to the C District of the Jeonbuk-gu Police Station, which was under the influence of drinking.

At around 05:36 on the same day, the Defendant was required to respond to a drinking test by inserting the whole breath of a drinking measuring instrument over about 25 minutes from the above D, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the blood color of the Defendant, red, unstable, and inaccurateness of walking.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Application of Acts and subordinate statutes to each photograph (investigative records 13, 14 pages);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 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;