Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

On March 12, 2015, the Defendant: (a) while driving a EN city car on the front of the Gangnam-gu Seoul Metropolitan Government D on March 23:15, 2015, the Defendant was found to have been under the influence of alcohol through a drinking reduction test from the backgroundF, etc. of the traffic safety department of the Seoul Gangnam-gu Police Station; (b) the Defendant was found to have been under the influence of alcohol; (c) the Defendant was inaccurate; (d) the Defendant was under the influence of alcohol, such as

Even if there is a reasonable reason to determine the person, the police officer did not comply with a request for the measurement of drinking without justifiable grounds despite the police officer's demand to respond to the measurement of drinking four times from the same day to the 23:45 day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted to the purport that the defendant properly responded to the police officer's request for alcohol measurement and did not receive an opportunity for blood sampling measurement.

2. Determination

가. ⑴. 호흡 측정기에 의한 음주 측정은 운전자가 호흡 측정기에 숨을 세게 불어 넣는 방식으로 행하여 지는 것으로서 여기에는 운전자의 자발적인 협조가 필수적이라고 할 것이므로, 운전자가 경찰공무원으로부터 음주 측정을 요구 받고 호흡 측정기에 숨을 내쉬는 시늉만 하는 등 형식적으로 음주 측정에 응하였을 뿐 경찰공무원의 거듭 된 요구에도 불구하고 호흡 측정기에 음주 측정 수치가 나타날 정도로 숨을 제대로 불어넣지 아니하였다면 이는 실질적으로 음주 측정에 불응한 것과 다를 바...