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Defendant shall be punished by imprisonment for two years and by a fine of 300,000 won.
If the defendant does not pay the above fine, 100.
Reasons
Punishment of the crime
On September 17, 2008, the Defendant was issued a summary order of KRW 700,000 by the Daegu District Court for the crime of violation of the Road Traffic Act.
Criminal facts
1. Around 16:40 on November 7, 2019, the Defendant driven a motor bicycle at a section of about 150 meters, from the 150-meter radius to the road near the D cafeteria located in C, in front of a vinyl, other than the Trackdong B, the Defendant driven the eVD125 124c motor bicycle without obtaining a driver’s license.
2. On November 17, 2019, the Defendant violated the Road Traffic Act (refluence of the measurement) at an emergency room in the G Hospital located in the Gu-U.S., North America on the following occasions: (a) around 17:20 on November 7, 2019; (b) the Defendant was sent to the said hospital after being driven under the said paragraph (1). Upon receipt of the report, the Defendant did not comply with a police officer’s demand for the measurement of alcohol without justifiable grounds, even though there was considerable reason to determine that the Defendant was driven under the influence of alcohol, such as the Defendant’s smelling at the H district at the H district of the G district in the Gyeonglunganan Police Station, which was called out upon the receipt of the report, and in an inaccurate and inaccurate manner, the Defendant was able to determine that he was driven under the influence of alcohol, such as being breading from around 17:40
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, investigation report (report on the state of drinking drivers), inquiry into the control results of drinking driving, and report on the internal investigation;
1. Registers of driver's licenses;
1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report on confirmation of the same kind of records);
1. Relevant provisions of Article 148-2 (1), Article 44 (1) and (2) of the Road Traffic Act concerning the facts constituting an offense (the occupation of refusing to measure the driving of a motor vehicle, the choice of imprisonment), subparagraph 2 of Article 154 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.