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. Around 03:00 on July 2, 2017, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) driven the Defendant’s EVM125 motor bicycle under the influence of drinking the D shooting distance in Dongdaemun-gu Seoul Metropolitan Government.

The defendant was driven while under the influence of alcohol, such as smelling and snicking red on the face.

There are reasonable grounds to determine a person, and was demanded to respond to the measurement of alcohol by inserting approximately 35 minutes of alcohol in the manner of inserting it from 03:05 to 03:40 to 03:40.

Nevertheless, the Defendant did not comply with a police officer’s request for a measurement of drinking without a justifiable reason, which reads a drinking measuring instrument in his/her hand to damage on the road, and read “drasing why the inside of the country makes a measurement of drinking.”

Accordingly, the defendant refused to measure drinking alcohol.

2. Around 03:00 on July 2, 2017, the Defendant was driving without a license, as described in paragraph (1), the volume of approximately 30 meters from the 68rd road of Dongdaemun-gu Seoul, Seoul to the D shooting distance in Dongdaemun-gu Seoul, Seoul, without a motor device bicycle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Materials concerning refusal to measure drinking, and the application of statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the selection of imprisonment), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the selection of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (with respect to the crime of violating traffic laws on roads) of the mitigated amount;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is three times for the defendant to drive under influence of alcohol in the past.