A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 150,000 won.

If the defendant fails to pay the above fine, 50.

Punishment of the crime

1. On August 19, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant and drinking on the side, while driving a cAPID 124c motor bicycle at the north of the window of Changwon-si, Changwon-si, while driving a cAPID 124c motor bicycle, while driving the motor, the Defendant driven the motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant and sprinking red on the face.

On August 20, 2016, from around 00:48 on August 20, 2016 to around 01:33 of the same day, it was demanded to comply with the alcohol testing by inserting the whole in four times a drinking measuring instrument.

Nevertheless, the Defendant refused to comply with a police officer’s request for a drinking test without justifiable grounds by avoiding the breath of a drinking measuring instrument, etc.

2. On August 19, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) operated a bicycle for a motor device at approximately 500 meters section, without obtaining a motor device license, from around the static restaurant located on the north of the window in the Changwon-si, Changwon-si to around the sular distance in the same side, without obtaining a motor device license from around 500 meters.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A manual of enforcement;

1. A photo of the body that refuses to measure drinking;

1. Inquiries into a license ledger and inquiries into the main office [the defendant was only unable to comply with the pulmonary measuring instruments due to pulmonary diseases, and there was no intention to refuse to take a drinking test;

According to the above evidence, the police officer of the Changwon Police Station D police station, which was under the influence of alcohol driving, requested a measurement of alcohol from E during the process of the police box belonging to the Changwon Police Station D, which was under the control of alcohol driving. The police officer notified that he/she may be punished for refusing to measure drinking if he/she refuses to comply with the breath measurement. On August 20, 2016, the police officer demanded a breath measurement on four occasions from around 00:48 to 00:33, but the defendant was under the breath measurement.