1. Defendant shall be punished by a fine of 4,000,000 won;

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

Punishment of the crime

1. Around 17:30 on June 25, 2014, the Defendant driven a C motorcycle without a driver’s license from the front side of the Seosan Social Welfare Center, located in Seosan City, Seosan City, to the front road of the No. 500 meters road of the No. 500 meters section, which is a sports in Seosan City.

2. In relation to the crime described in paragraph (1) of the Road Traffic Act, the Defendant was demanded to comply with a drinking test by inserting the breath of alcohol in a manner of inserting the whole breath of a drinking measuring instrument three times from around 18:14 on June 25, 2014 to around 18:39 on June 25, 2014.

당시 피고인은 스스로 술을 마셨다고 시인하였고 말이 흐리며 비틀거리는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있었음에도, 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 음주측정을 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. The application of each of the actual condition survey report, photograph, notification of the results of the drinking driving control, the circumstantial statement of a drinking driver, the details of the control, or the application of video-related Acts and subordinate statutes;

1. Relevant statutory provisions concerning the facts constituting an offense, subparagraph 2 of Article 154, Article 43, Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act, the selection of fines for each of them;

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

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., that the accused is an aged person and that there is no previous conviction in the same kind);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.