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Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of three hundred thousand won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
[criminal history] On October 5, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (dacting driving) at the Goyang Branch of the Jung-gu District Court.
[Criminal facts]
1. On September 21, 2020, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, and drinking alcohol, while driving a bicycle with BW125 motor device in front of the shooting distance on the front of the 97-WW125 motor vehicle in the Seo-gu, U.S., Seo-gu, U.S., Seo-gu, U.S., Seo-gu, Seoul Special Metropolitan City (U.S.) on September 21, 202
Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 10 minutes into a drinking measuring instrument.
Nevertheless, the Defendant explicitly refused to take a drinking test and avoided it, thereby failing to comply with a police officer’s request for a drinking test without justifiable grounds.
Accordingly, the Defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
2. On the same date and time as paragraph 1, the Defendant operated the bicycle without a motor device license at a section of about 1 km of approximately 97 mp, Seo-gu, Seoyang-gu, Busan, Seo-gu, Seoyang-gu, Seo-gu, Seosan, to the private distance.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report, an accident scene report, a report on the situation of the driver placed in the main place, an investigation report, a detailed statement on the revocation of a driver's license, a black boom and video CD of a damaged vehicle;
1. Previous conviction: Application of a reply to inquiry, investigation report (Evidence No. 16 of the Evidence List);
1. Article 148-2 subparag. 1, 44(2), and 148-2 subparag. 2 of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020) on criminal facts and Article 154 of the Road Traffic Act (amended by Act No. 17371).