Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a person who is engaged in driving service of 110CC 200, not registered as the Defendant himself/herself.

On December 30, 2013, at around 13:55, the Defendant, without a motorcycle driver’s license, driven the above motorcycle, and caused an accident while driving three-lane paths in front of 1889, Sinsang-si, Singu, Sinri-si, from the side of the sports park, and was demanded to comply with a drinking test by inserting approximately 30 minutes of alcohol into a drinking measuring instrument, on the ground that there are reasonable grounds to recognize that the Defendant was driving while under the influence of alcohol, such as smelling alcohol from B Zone B, the border of Sinung Police Station, and gaing red on the face, etc.

Nevertheless, the Defendant did not drive a vehicle while avoiding this, and did not comply with a police officer’s request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. The user ledger of the measuring instruments for drinking;

1. Photographs;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2, 44 (2) of the Road Traffic Act (a point of refusing to measure alcoholic beverages), subparagraphs 2 and 43 of Article 154 of the same Act, and selection of fines for negligence;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;