A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding three hundred thousand won.

When the defendant does not pay the above fine.

Punishment of the crime

1. At around 23:30 on October 22, 2014, the Defendant driven a B e-mail 110 o-soil in a section of about 200 meters from the front day of the e-mail in the e-mailon automatic e-mail in the front day of the front city of the front city to the e-mail on the front day of the front city of the front city of the front city without a motorcycle license.

2. On October 22, 2014, at around 23:30, the Defendant violated the Road Traffic Act (recognition refusal) and in front of the first apartment complex of an entertainment city with the efficacy automatic in the front city of the front city on October 23:30, 2014, there are reasonable grounds to recognize that the police officers dispatched after receiving a report from the reporting person who observed the Defendant’s drinking driving, were driving under the influence of drinking, such as drinking after hearing the reporter’s statement, and thus, the Defendant did not comply with the police officer’s request for the measurement of drinking, without justifiable grounds, even though the Defendant requested the alcohol measurement to the Defendant four times from around 22:52 on October 23, 2014 to October 23, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Photographs (obio and bioba and paper refusing to measure);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a penalty (the rejection of drinking alcohol measurement, the choice of imprisonment), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the point of driving without a license and the selection of fines);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (with respect to imprisonment, considering the conditions favorable to the defendant among the reasons for the following sentencing):

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the defendant.