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A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.
If the defendant does not pay the above fine, 100.
Reasons
Punishment of the crime
1. On October 3, 2016, the Defendant: (a) around 22:00 on October 3, 2016, while under the influence of alcohol 0.060% of alcohol while under the influence of alcohol, the Defendant driven C, under the influence of alcohol, without obtaining a motor device bicycle license, from around 22:00 to the front of the central tower in Chungcheongnam-si, Chungcheongnam-si to about 10km.
2. On October 13, 2016, the Defendant: (a) driven a motor device bicycle on the 3km section of around October 13, 2016, without obtaining a motor device bicycle license from around 22:05 to around 1020,00, as from the 22:05 Chungcheong-si B, Chungcheong-si; (b) around October 13, 2016.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. A report on the arrest of the case, and arrest of the person suspected of violating the Road Traffic Act (unlicensed driving);
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the register of tea;
1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act [the punishment prescribed for a crime of violation of the Traffic Act by a person on October 3, 2016 and a violation of the Traffic Act by a person without a license]; 1. Selection of a sentence on October 3, 2016, concerning a crime of violation of the Traffic Act by a person on October 13, 2016 (driving without a license)
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was punished by a fine for drinking alcohol in 2003 and 2011. The instant crime was committed even though he/she was punished by a fine on driving under the influence of alcohol in 2002, 2006, 2011, 2012, and 2016.