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A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.
If the defendant does not pay the above fine, 100.
Reasons
Punishment of the crime
1. Around 00:50 on April 29, 201, the Defendant was investigated into a collision between the guard and the traffic survey system of the Seo-gu Incheon Seo-dong Incheon Western Police Station, Seo-gu, Incheon, and the BCA110 Otoba, and the Defendant was demanded from the slope C belonging to the above police station to respond to the measurement of drinking by inserting a drinking measuring instrument over about 30 minutes on the grounds that there are reasonable grounds to recognize that the Defendant was driving while under the influence of alcohol, such as smelling, smelling, and melting, the face of the above police station.
Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.
2. Around 00:50 on April 29, 2011, the Defendant driven a section of about 50 meters from the front side of the filial apartment in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon to the Jinnam-dong 183-3 Jinnam-dong, Seo-gu, Incheon, without a motorcycle driver’s license.
Summary of Evidence
1. Each police statement made to D and E;
1. A report on the occurrence of a traffic accident, on-site photographs, and a de facto survey report;
1. Refusal photographs of measurement, logs on drinking driving, circumstantial statements of drinking drivers, survey report on actual condition, and report on detection of drinking drivers;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of the judgment attached to the same attached Form of power);
1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act concerning facts constituting an offense (a violation of Article 148-2 (1) 2, subparagraph 2 of Article 154, or Article 43 of the Road Traffic Act)
1. As to the crime of violation of the Road Traffic Act (Refusal of measurement), imprisonment shall be sentenced, and as to the crime of violation of the Road Traffic Act, the selection of a fine shall be sentenced;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation [the crime of violating the Road Traffic Act];
1. Reasons for sentencing under Article 69 (2) of the Criminal Act for attracting partners in a workhouse;
1. Scope of applicable sentences under law: Violation of the Road Traffic Act (Refusal of measurement) - Imprisonment with prison labor for not less than six months from June to June.