Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

On May 27, 2016, at around 13:15, the Defendant was demanded to respond to the measurement of alcohol by inserting approximately 20 minutes a part of alcohol measuring instruments into a drinking measuring instrument, on the front of C in Seocho-gu Seoul Metropolitan Government, while driving Di30 automobiles with drinking alcohol, and as a result, the Defendant was under the influence of alcohol from F in the process of the Seoul Coast Guard E, while driving Di30 automobiles with drinking alcohol, and the Defendant was under the influence of alcohol.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of control over the preparation of the F;

1. Application of the Acts and subordinate statutes concerning video products refusing measurement;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do349, Apr. 1, 201);

1. Articles 70 (1) 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;