Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On June 25, 2013, at around 05:13, the Defendant was driving a motor vehicle under the influence of alcohol on the road without distinguishing the two lanes from the breast-child Park in front of the Dobong-gu Seoul, Dobong-gu, Seoul. On the road, the Defendant set up a BSM (SM)5 motor vehicle owned by the Defendant on the one-way road, and was sitting it into the driver’s seat, and was sniffing on the face while smelling it in a snife and sniffing. Therefore, there was a considerable reason to recognize that the Defendant was driving a motor vehicle under the influence of alcohol.

피고인은 위 일시, 장소에서 112 신고를 받고 출동한 서울도봉경찰서 소속 경사 C로부터 위와 같은 이유로 약 30분간 3회에 걸쳐 음주측정에 응할 것을 요구받았음에도, 자신은 운전한 사실이 없다고 주장하면서 이를 거부하고, 음주측정기에 입김을 불어 넣는 시늉만 하고 이를 회피하는 등 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the statement of the status of a driver of a driving school, a report on the status of a driving school, and an investigation report (to make statements by the Control Police and CCTV analysis report);

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;