A defendant shall be punished by imprisonment for six months and a fine of one hundred thousand won.

When the defendant does not pay the above fine.

Punishment of the crime

1. 도로교통법위반(무면허운전)의 점 피고인은 2013. 6. 12. 20:00경 전북 완주군 별산농원길 113에서부터 같은 군 삼례읍 신금리에 있는 원심금 입구 앞 도로에 이르기까지 원동기장치 자전거 운전면허를 받지 아니하고 B 효성 랠리 오토바이를 운전하였다.

2. On June 12, 2013, the Defendant refused to take a drinking test, and the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument for about 40 minutes from C in the process of the vehicle under the influence of alcohol, on the grounds that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as drinking in a snife and sniff on the face of the snife at a scaminary hospital located in the scaminary 924-12 of the scambri-ri, Samnam-gun, the Jeonju-gun, the Seoul metropolitan police station, at around 23:10, when driving without a license.

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

Summary of Evidence

1. Part of the police investigation protocol concerning the accused;

1. On-site photographs;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 80 of the Road Traffic Act (the point of driving without a license and the selection of fines);

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

1. The reason for sentencing under Articles 53, 55(1)3 and 6 of the Criminal Code for discretionary mitigation (the following circumstances favorable to the defendant among the reasons for sentencing) has the record of being punished several times as the same crime. In particular, even though the previous convictions were included several times, it again led to the instant crime.