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 November 27, 2012, at around 23:18, the Defendant was required to respond to a drinking test by inserting a drinking measuring instrument at intervals of about 10 minutes at intervals of about 23:50, the second 23:00, and the third 23:18, at intervals of about 10 minutes at intervals of about 10 minutes from the slope E belonging to the D Zone District in Busan, on the ground that there are reasonable grounds to recognize that the Defendant driven a CR5 vehicle under the influence of alcohol, such as drinking at a drinking so as to park in front of the entrance of a smoke apartment, which is a smoke apartment located in the city of Busan.

Nevertheless, the defendant refused to take a drinking test by failing to comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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

1. Application of Acts and subordinate statutes on investigation reporting;

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. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order requires a strict punishment against the defendant, considering that the defendant's failure to comply with the request of a police officer for the measurement of drinking, in light of the circumstances of the crime, etc.

However, the defendant's mistake is over and against the defendant's own mistake, the defendant has no record of criminal punishment other than the fine imposed for the violation of the Road Traffic Act in 2004, and other factors such as the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, etc. shall be determined as ordered in consideration of all the factors of sentencing specified in the arguments of this case including the defendant's age, character and behavior, circumstances after the crime.