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

When the defendant does not pay the above fine.

Punishment of the crime

1. 음주측정거부 피고인은 2015. 9. 21. 20:47경 강릉시 주문진읍에 있는 삐삐식당 앞에서부터 같은 읍 주문북로 11-1 돈돼지 식당 앞 노상에 이르기까지 약 700미터의 거리를 B CA110 원동기장치자전거로 운전하던 중 C이 운전하는 D K5 승용차의 운전석 뒤 휀다 부분을 충격하였다.

On the same day from 21:20 to 21:50 on the same day, there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol in light of the circumstances such as smelling in the Defendant’s house located in Gangnam-si, crossing snowing, faceing, red, and the rain distance, etc., and thus, the Defendant did not comply with the drinking test without justifiable grounds even though the Defendant was requested by a slope belonging to the F Zone of the Gangseo Police Station for a brea Police Station to perform the breath of alcohol on a total of four occasions.

2. At the time and place specified in paragraph 1, the Defendant driven a motorcycle B 110 motorcycle without a motorcycle license as stated in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as situation reports, traffic accident reports, on-site photographs, driving reports, reports on jun drivers' red initiative, reports on jun

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

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

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14548, Apr. 2

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.