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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. Around 01:40 on September 10, 2013, the Defendant was demanded to respond to a drinking test by inserting alcohol into a drinking measuring instrument on a level of about 40 meters from the 478-22 to the roads in front of Mapo-gu Seoul, Mapo-gu, Seoul, to the direction point of control, and 125cc. without a license plate while driving a drinking-free vehicle from around 40 meters to the roads in front of Mapo-gu, Seoul.

Nevertheless, the Defendant did not comply with a legitimate police officer’s demand for alcohol testing, such as avoiding this without any justifiable reason.

2. Around 01:40 on September 10, 2013, the Defendant driving a two-wheeled vehicle without a driver’s license on a approximately 40 meters section from the 478-22 to the front road of Mapo-gu Seoul, Mapo-gu, Seoul, to the control point.

3. On September 10, 2013, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) around 01:40, the Defendant driven a 125cc-wheeled vehicle without mandatory insurance from around 40 meters to the road in front of Mapo-gu Seoul, Mapo-gu, Seoul, to the control point.

Summary of Evidence

1. Legal statement of witness D;

1. Control note;

1. A written report from an employee of an employer;

1. A report on the actual status of a host driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure a drinking), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the occupation of driving without a license), Article 46 (2) 2 and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015); the selection of fines, respectively,

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;