Defendant shall be punished by a fine of 4.5 million won.

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

Punishment of the crime

On February 28, 2013, at around 23:00, the Defendant was at the road located in Gangnam-gu Seoul Metropolitan Government 411-3, Gangnam-gu, Seoul, and the Defendant was stopped after drinking alcohol, and was stopped later.

The Defendant was demanded to comply with a drinking test by inserting approximately 20 minutes of alcohol, on the ground that there are reasonable grounds to recognize that he/she was driven while under the influence of alcohol, such as a red view in the face from a slope DNA of the traffic safety department in Seoul Gangseo-gu Police Station, and a state of walking, etc.

Nevertheless, the Defendant refused to follow the part of the drinking-free measuring instrument, and failed to comply with the police officer’s request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a survey report on actual condition of a driver, a circumstantial statement of a driver, and a report on detection of a driver;

1. Application of the Acts and subordinate statutes on vehicles involved in traffic accidents and non-measurement photographs;

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. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation ( considered as a primary offender);

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;