Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On October 28, 2013, at around 18:07, the Defendant, without a motorcycle driver's license, driven approximately 2 km distance from the Cho Young-gu, Young-gu, Young-gu, Youngdong-gu to the same Eup Maluri Ri, and was demanded to comply with the drinking test three minutes of the alcohol level, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling, smelling, snicking, snicking, etc., while driving approximately 2 km of the 90cc scopic, while drinking around 18:0.

그럼에도 불구하고, 피고인은 음주측정에 응하는 것처럼 시늉만 하는 등 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 불응하였다.

Summary of Evidence

1. C’s legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of each Act and subordinate statute to the notification of the results of the drinking driving control, the report on the state of drinking drivers' statement, the ledger of driver's license, and the ledger of drinking control;

1. Relevant Article of the Act on Criminal facts, Articles 148-2 (1) 2, 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise and the choice of fines) concerning the selection of punishment, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the occupation of driving a motor bicycle without a license);

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the defendant's assertion was put in the Yeongdeungpo-gu Police Station No. 2 times in response to the sobreath test, but part of the 4 drinking meters in the Yeongdeungpo-gu Police Station at the time was broken and the police officer was found to have failed to take a sobreath test, and the police officer refused to demand a sobreath test with a different measuring instrument, and the defendant's act cannot be viewed as a refusal to take a sobreath test.

2. Prior to the determination.