A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

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

Punishment of the crime

1. Around October 22, 2013, the Defendant violated the Road Traffic Act (free license) driving of 50CC 50 U.S. Around October 22, 2013 at the front of the sewage terminal treatment plant located in the Gu-U.S. Pyeong-si, Gu-si.

2. Violation of the Road Traffic Act (Refusal of measurement) has reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as drinking, breathing, heavy snowing, heavy snowing, and raining, etc., from the slope C of the District B District of the old-gu Police Station, which was dispatched after receiving a report by being carried out as a vision with other vehicles that carried the internship at the above time and at the above place, and the Defendant demanded that the Defendant comply with the drinking test by inserting the above B district office into three times for the investigation as to whether he was driven under the influence of alcohol, and for the safety of the Defendant related to traffic flow, etc., the Defendant did not comply with the request for the drinking test by a police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report and report on the actual state of the driver;

1. A copy of the usage register of drunks;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes concerning refusal to measure drinking;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that has the choice of a punishment (the rejection of drinking alcohol measurement, the choice of imprisonment), Article 154 subparagraph 2 of the Road Traffic Act, and Articles 154 and 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation [Article 55 (1) 3 of the Road Traffic Act concerning the violation of the Road Traffic Act at the time of the market];

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The defendant's reason for sentencing of Article 334(1) of the Criminal Procedure Act is driving under the influence of alcohol from 201 to 2010.