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

However, the above imprisonment for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around 00:50 on April 4, 2018, the Defendant driven a scooter (a model: SHEB11P) without obtaining a driver’s license from the front road of the Sejong-gu Seo-gu Sejong Metropolitan City Tridong Park to the front road of the Daegu Seo-gu B apartment Cdong on the same day, around 01:00 on the same day.

2. Around 01:00 on April 4, 2018, the Defendant was under the influence of alcohol while driving the said scooters under the influence of drinking on the scoo in the scoo-dong Park of Daegu-gu, Daegu-gu, and received a report, and there is reasonable ground to believe that the Defendant was under the influence of alcohol, such as smelling and smelling on the face of the Defendant, and making it possible to recognize that the Defendant was under the influence of alcohol, and accordingly, was under the influence of alcohol, the Defendant was demanded from around 01:25 to around 01:45 of the same day to comply with the alcohol measurement by inserting the scood during the influence measuring instrument over about 20 minutes.

그럼에도 피고인은 입으로 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Statement of the status of the driver;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Two copies of electric scoo photographs, three scoo photographs of electric scooterss, two scoo photographs of CCTV closures;

1. Application of Acts and subordinate statutes to report on investigation (report on the status of an immigration driver);

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

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

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

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.