Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On August 23, 2013, the Defendant: (a) at the entrance of the Djuju station located in Seo-gu, Chungcheongnam-gu; (b) at around 01:35, the Defendant was arrested as a quasi-flagrant offender for the violation of the Road Traffic Act (driving) and the crime of injury to a drinking driver; and (c) was required to comply with a drinking test by inserting approximately 30 minutes of alcohol into a drinking measuring instrument for four minutes from the above F, on the ground that there are reasonable grounds to believe that the Defendant was driving under the influence of alcohol, such as drinking, and was arrested as a quasi-flagrant offender for the violation of the Road Traffic Act (driving) and the crime of injury to a drinking driver; and (d) he was demanded to comply with the drinking test by inserting the drinking measuring instrument for about 30 minutes.

Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole in a drinking measuring instrument.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes of control note, control photograph, etc., report on detection of a drinking driver, and report on the circumstantial statement of a drinking driver;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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;