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

1. Around 20:00 on February 13, 2019, the Defendant driven a F SL125S motor bicycle at a section of approximately 200 meters from the front side of the C Pharmacy located in B in the Gyeonggi City, to E in the front side of the same city, without obtaining a driver’s license.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) found that the Defendant exceeded the floor while driving the above motorcycle at the date, time, and place specified in Paragraph 1, and that the 119 first responder’s “the person under the influence of a person is suspected of drinking, because he is a person under the influence of the otobane alone,” he reported 112 and confirmed that the Defendant was drinking alcohol by a policeman belonging to the G District Unit of the Gyeonggi Mountainous Police Station G District called to the site.

At around 20:20 on the same day, the Defendant was required to comply with the breath test by inserting the breath in a breathm in the J Hospital Emergency room located in the Gyeonggi-si I, the face of the Defendant from the above H is red, walking impossible conditions, the Defendant snicking, breathing, and breathing, and making it possible for the Defendant to recognize that he was driving a motorcycle while under the influence of alcohol, such as drinking, making it clear that he was under the influence of alcohol.

그럼에도 피고인은 같은 날 20:25경 위 장소에서 경찰관에게 “뭘 불어, 개 똥구녕같은 소리하고 있네”라며 음주측정기에 입김을 불어넣지 않아 음주측정 요구에 응하지 아니한 것을 비롯하여, 같은 날 20:30경 2차 측정거부, 같은 날 20:35경 3차 측정거부를 하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Coloring in the use register of a drinking measuring instrument, a report on the situation of a drinking driver, and a photograph at the time of drinking;

1. Application of Acts and subordinate statutes to the register of car driving licenses and car driving licenses;

1. Relevant Article of the Criminal Act and the former Road Traffic Act, which provides for the choice of punishment for the crime.