A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around 10:00 on September 8, 2019, the Defendant driven a multi-registered motor bicycle without drinking alcohol in front of the management office of the Taesan Do Park located in the 401-ro, Seosan-ro, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do.

The Defendant was required to respond to the alcohol alcohol measurement by inserting a breathm over several occasions from a policeman belonging to the Chungcheongnamnam Budget Police Station B zone, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as smelling, smelling, drinking, walking, etc. with a very red color, and driving under the influence of alcohol.

Nevertheless, the Defendant did not comply with a police officer’s demand for a alcohol test without a justifiable reason while he said that he would collect blood within “dwarf,” “I am.” and “I am.”

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated a registered multi-wheeled motor bicycle not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation, on-site photograph;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

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

1. Application of Acts and subordinate statutes on investigation reports (CCTV image verification);

1. Relevant provisions of Article 148-2 (2) and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense, Article 48-2 (2) and Article 44 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Selection of each sentence of imprisonment;

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

1. The violation of Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation; the objective risk of the operation of the above motorcycle is relatively low; the occurrence of an accident caused by the crime; the previous conviction is merely a case of driving under the influence of alcohol before about 16 years; and there is no penalty power exceeding the fine.