Defendant shall be punished by a fine of KRW 8,000,000.

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

Punishment of the crime

On February 10, 2015, at least 23:19 on February 10, 2015, the Defendant voluntarily accompanied the vehicle in front of the screen driving range in Ansan-si C, the police officer dispatched to the site after receiving a report on a drunk driving, and the zone D district in the Ansan-dong Police Station, and there are reasonable grounds to recognize the Defendant to have driven the vehicle in E-5 in his own possession under the influence of alcohol, such as drinking, drinking, red-lighting on the face, etc., and the Defendant was requested to take a drinking test on three occasions from the slopeF belonging to the same district to 0:02:17, but did not comply with it without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. The testimony of witnesses G, H and F, and the statement in the protocol of trial;

1. A traffic accident occurrence report, a report on actual condition investigation, a report on the statement on the status of a drinking driver, a written consent for voluntary driving, and a written confirmation of non-compliance with the drinking measurement;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of a selective fine (such as the fact that there has been no history of drinking driving for the last ten years, and that the vehicle has been operated nearest distance to drive a motor vehicle again) for the last ten years;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the defendant carried the accident at the parking lot and returned to the scene after getting off the police station after getting out of the scene. The police officer forced the police station to take a drinking test without giving notice of the purpose of drinking alcohol measurement by telephone, and then forced the police station to take the police station, and then requested a drinking measurement at the police station. This asserts that the police officer did not have a duty to respond to the drinking measurement because it constitutes illegal arrest.

2. Article 199(1) of the Criminal Procedure Act specifies the principle of voluntary investigation.

The suspect shall be the suspect who accompanys the suspect to the investigative agency, etc. in the form of obtaining consent from the investigator in the course of investigation.