Defendant shall be punished by a fine of KRW 6,000,000.

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

Punishment of the crime

Defendant,

1. On March 16, 2012, at around 21:40, a person drives CMW car at approximately 20 meters from the front day of the Hagu-gu Gyeongdong-gu Gyeongdong-dong-dong cafeteria to the front day of the 21:50m section of the same day from the front day of the Hagu-dong cafeteria, Daegu-gu dong-dong, without obtaining a driver’s license;

2. At around 21:50 on the same day, there was a considerable reason to recognize that a person was driven while under the influence of alcohol by drinking alcohol, such as smelling the defendant from the superintendent D belonging to the traffic safety department of the Daegu East Police Station, in front of the above Article 21:50 on the same day, he/she requested him/her to comply with a drinking test by inserting a drinking measuring instrument over about 45 minutes, but he/she failed to comply with a police officer's request for a drinking test without any justifiable reason by evading himself/herself from the site of the drinking measuring instrument;

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the detection of any suspected violation of the Road Traffic Act (Refusal of measurement), inquiry into the results of the crackdown on drinking driving, and a circumstantial report of a drinking driver;

1. Police investigation report, suspect's refusal to measure alcohol, and photograph of refusal to measure alcohol;

1. Application of the ledger of driver's licenses and the Acts and subordinate statutes concerning car checking;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise, the choice of fines) concerning the selection of punishment, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the occupation of driving without a license and the selection of fines);

1. From among concurrent crimes, the number of concurrent crimes with the punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the aggregate of the amounts of the two crimes) among concurrent crimes;

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;