A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three hundred thousand won.

When the defendant does not pay the above fine.

Punishment of the crime

1. On May 8, 2015, the Defendant was driving a DNA CITI100 Obaba in a section of about 500 meters from the front side of 335, Yacheon-gu, Yacheon-gu, Yacheon-si to the front side of Yacheon-gu, Yacheon-si, Yacheon-si, and without obtaining a motorcycle driver’s license after cancellation of August 3, 1987.

2. On May 8, 2015, the Defendant violated the Road Traffic Act (refluence of measurement) as stated in paragraph (1) of the same Article, the Defendant was required to comply with a drinking test by inserting the breath of alcohol in total four minutes, in a total of 32 minutes, on the front of Yacheon-gu C, Yacheon-si, and while driving DITI100 otob under the influence of alcohol, he was under the influence of alcohol and was called to the site after receiving a report on the vehicle under the influence of alcohol.

Nevertheless, the defendant has avoided this and failed to comply with the request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, notification of the results of the control of drinking under the influence of alcohol, and ledger of using the

1. Report on the situation of operation without a license;

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

1. Relevant legal provisions concerning facts constituting an offense, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act that choose a penalty, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure such facts, the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (with respect to imprisonment with prison labor for a crime of violating the Road Traffic Act at the time of the market, consideration given in favor of the following reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Suspension of execution is Article 62(1) of the Criminal Act (The following factors are considered to be more favorable among the reasons for sentencing):