A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 200,000 won.

When the defendant does not pay the above fine.

Punishment of the crime

On April 8, 2016, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (refluence of measurement), etc. at the Changwon District Court, which was sentenced to a suspended sentence of six months on December 16, 2016, and was sentenced to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (defluence of risk driving) by the Changwon District Court on February 17, 2017, and the said suspended sentence was invalidated by the final judgment on February 17, 2017, and the execution of the final sentence was terminated on December 12, 201

1. On December 26, 2018, the Defendant violated the Road Traffic Act (refluence of the measurement), while driving a DBAVE 124C motor bicycle on the front side of C in Kimhae-si on the road located in Kimhae-si B, the Defendant was required to comply with the measurement of alcohol by inserting the dBAV fluor over about 15 minutes of alcohol, on the ground that there are reasonable grounds to believe that the Defendant was driving from F while drinking the alcohol on the front side of C in the influence of alcohol.

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

2. On December 26, 2018, the Defendant driving a motor bicycle at approximately 1.3 km section from the G apartment to the front road located in Kimhae-si, Kimhae-si, without obtaining a motorcycle driver’s license, at approximately 1.3 km section, from around 14:25, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, copy of the usage register of a drinking measuring instrument, and notification of the control results of drinking driving;

1. The driver's license ledger;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same attached records);

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise and the choice of imprisonment), and the Road Traffic Act, in relation to the choice of punishment;