A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On June 16, 2014, at around 22:15, 2014, the Defendant was demanded to comply with a drinking test by inserting alcohol into a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that he/she was driven under the influence of alcohol, such as a slope C and a horse smell, etc. belonging to the traffic safety department of the Yongsan Police Station called at the site near the intersection of the Yongsan-gu Seoul Yongsan Library at the 109 Southern National Library, and a defendant was smelled by drinking, etc.

At around 22:46 of the same day, the Defendant continued to take a alcohol test for the foregoing reasons in the emergency room of the F Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government, around 23:45, around June 17, 2014, around 00:28, and around 00:38, June 17, 2014.

Nevertheless, the Defendant refused to comply with a police officer’s request for a so-called alcohol test without justifiable grounds by evading a so-called alcohol test on five occasions in total.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) the Defendant is a holder of 49cc mixed with No. 49cc., and (b) a motor vehicle not covered by mandatory insurance is unable to operate a road; (c) however, on June 16, 2014, the Defendant operated the said motor vehicle, which was not covered by mandatory insurance at the intersection in front of Yongsan-gu Library 109, Yongsan-gu, Seoul, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes concerning enforcement manuals and photographs of two-wheeled vehicles;

1. Relevant Act concerning the facts constituting an offense; Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (Options of Imprisonment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act has been punished several times due to drinking driving, and the scene of the accident, the police station, and the emergency room of hospital.