A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

When the defendant does not pay the above fine.

Punishment of the crime

1. On March 3, 2018, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving at approximately approximately 2.9km from the front side of the station of high-speed oil in Ulsan-gu, Ulsan-gu to the front road of the prosperity distance in the same Dong-dong without a motor driver’s license.

2. On March 3, 2018, the Defendant was driving a motor vehicle while drunkly on the road in front of the prosperity distance in the south-gu, Ulsan-gu, Ulsan-gu, Seoul-do, on the street, while driving the motor vehicle on the road in front of the flow distance. The Defendant driven the motor vehicle while drunkly under the influence of alcohol, such as drinking from the border E affiliated with D of the Ulsan-do Police Station, which controlled drinking at the place.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the breath in three times between approximately 24 minutes.

그럼에도 불구하고 피고인은 정당한 사유 없이 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 경찰공무원의 음주 측정에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger and the driver's license ledger;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 154 subparagraph 2 of the relevant Act and Articles 154 and 43 of the Road Traffic Act (the occupation of a license for driving a bicycle without motor device or a fine), Article 148-2 and Article 44 (2) (the occupation of refusing to measure drinking and the choice of imprisonment) 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 aggravation of concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for Reduction of Small Quantity [In the case of imprisonment with prison labor for a crime of violating the Road Traffic Act (retakeion of alcohol), considering the following factors favorable to the defendant among the reasons for sentencing] of the Act on Reduction of Quantity

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

1. Crimes of Article 62 (1) and (2) of the Criminal Act (the act of refusing to measure drinking) of the suspended execution.