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

The defendant is a person who drives a three-dimensional car.

On January 15, 2012, the Defendant, at around 20:30 on January 15, 2012, driven the said car after drinking it on a restaurant where it is impossible to know the trade name near the junsan-dong, Osan-si, Osan-si, and on the same day, controlled the Defendant’s suspicion of drinking driving from D to the police officer in charge of traffic safety of the Jindong Police Station, who works for the traffic safety department of the Jindong Police Station, in front of the Osan-si, Masan-si.

On January 15, 2012, at around 22:29, the Defendant: (a) there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, reding, etc., at the control place on the face of the Defendant; (b) when the Defendant demanded a drinking test, the Defendant refused to comply with the police officer’s request for a drinking test by avoiding about 40 minutes during the influence of alcohol without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Results of this court’s verification of drinking, refusal to measure, video recording CDs;

1. Application of Acts and subordinate statutes to the ledger of dump drivers, reports on dump drivers, reports on the status of dump drivers, investigation reports (report on the status of dump drivers), respectively, and records of dump measuring instruments;

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;

1. Judgment on the assertion of the defendant and defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant was unable to force a sobnish so that he was under the influence of alcohol at the time of the instant case and did not comply with a sobnishing measurement, and thus, it is unreasonable to punish him as a crime of violating the Road Traffic Act (re

2. The measurement of drinking by a part-pulmonary measuring instrument is conducted in such a way that a driver conceals himself/herself in the respiratory tester, and the voluntary cooperation of a driver is essential. A driver is requested by a police officer to take a drinking test, and the respiratory is required by him/her;