Defendant shall be punished by imprisonment with prison labor of one year and three months and by a fine of thirty million won.

The defendant does not pay the above fine.

Punishment of the crime

1. On July 18, 2018, the Defendant was issued a summary order of a fine of two million won at the Suwon District Court for the crime of violating the Road Traffic Act.

On June 14, 2020, at around 14:15, the Defendant: (a) driven a small-sized two-wheeled vehicle 125cc or more on the front of a drinking measuring instrument on the front of the road, and was dispatched to the scene after receiving a report on a drunk driving; (b) the Defendant refused a police officer’s request for a drinking test without justifiable grounds by avoiding the demand for a drinking test by inserting the above small-sized two-wheeled vehicle into a drinking measuring instrument three times for about 14 minutes under the influence of alcohol, such as drinking sniffing, sniffing the body on the face, sniffing the body on the face; and (c) the Defendant was required to drive the above-sized two-wheeled vehicle under the influence of alcohol.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and driven the said small-sized two-wheeled vehicle without obtaining a driver’s license at the date and place specified in paragraph (1).

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the said small-sized two-wheeled automobile not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The register of actual condition survey reports and on-site photographs driver's licenses;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act (the rejection of noise measurement, the choice of imprisonment), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the point of driving without a license, the selection of fines), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating automobiles which are not mandatory insurance and the choice of imprisonment);

1. Aggravation for concurrent crimes;