Defendant shall be punished by imprisonment for six months and by a fine of 300,000 won.

When the defendant does not pay the above fine.

Punishment of the crime

1. On August 6, 2015, the Defendant driving a motor device license (unlicensed driving) on the road between the 100-meter section and the 100-cc-cat 100-cc-cat c, without obtaining a motor device license from the 100-cc-catury road located in the direction of the south Sung-gu, Nam-gu, Seoul, Seoul to the front intersection.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant driven a motor vehicle under the influence of alcohol, such as drinking, smelling, breathing, breathing, etc., from a slope E belonging to the police station D police station, dispatched after receiving a report at the time and place specified in paragraph (1), and driving the motor vehicle under the influence of alcohol from a slope E belonging to such station;

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting approximately 51 minutes into a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Protocols of examination of witnesses E of this court;

1. Inquiry into facts;

1. Statement of the circumstances of the driver involved in driving;

1. Medical opinions;

1. The driver's license ledger [the defendant's response to a drinking test, but the defendant's response to a drinking test falls short of the respiratory dose to operate a pulmonary measuring instrument so that the defendant's lung dose does not have a drinking test; therefore, the defendant did not have intention

The argument is asserted.

However, according to each of the above evidence duly adopted and examined by this court, the Defendant’s pulmonary measuring instrument is 1.5 to 2 seconds, and the pulmonary measuring instrument is 1.5 L, and the pulmonary measuring instrument is able to be measured at a level above 1.5 L, and the Defendant’s pulmonary therapy is 55 to 51% compared to the normal pulmonary measuring instrument. Thus, the Defendant’s pulmonary therapy is 1.5 L to 2.1 L, and the pulmonary measuring instrument is 1.5 L to 2.11 L.