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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving of a gallon vehicle B.
1. On August 20, 2018, the Defendant driven the said vehicle without obtaining a driver’s license in a section of about 2 km from around the road near the 3rd Doctrine power plant located in the Cin Dac Doctri-gu, C, coffee shop, to around 18:40 on August 20, 2018.
2. Violation of the Road Traffic Act (Refusal of drinking), the Defendant driven the said vehicle under the influence of alcohol at the time and place set forth in paragraph (1), and driven the said vehicle under the influence of alcohol by entering the said coffee shop as a coffee shop on the ground that the traffic of the vehicles parked on the roads front of the said coffee shop was difficult, and she flicked for a large amount of time through the coffee shop, and driving the vehicle under the influence of alcohol, such as smelling alcohol to the Defendant from a slope F belonging to the smuggling Police Station E, dispatched upon receiving a report on interference with the business thereof, she saw the Defendant from a slope F of the smuggling Police Station E who called for a obstruction of the business.
Although there are reasonable grounds to determine a person, the Defendant was requested to comply with the alcohol testing method by inserting the breathm for approximately 25 minutes after voluntarily accompanying E around 19:12 on the same day, the Defendant avoided the alcohol measuring instrument in his/her hand, even though he/she was requested to comply with the alcohol testing method.
Accordingly, the defendant did not comply with a police officer's request for alcohol testing without any justifiable reason.
Summary of Evidence
1. Statement by the defendant in court;
1. G statements;
1. The driver's license ledger;
1. Application of the Act and subordinate statutes to the investigation report (No. 4 of the evidence list);
1. Relevant legal provisions and Articles 152 subparag. 1 and 43 of the Road Traffic Act (unlicensed driving points), Articles 148-2 subparag. 2 and 44(2) of the Road Traffic Act concerning criminal facts, the choice of fines, and the choice of fines, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.