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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On July 13, 2014, at around 00:39, the Defendant without a driver’s license, driven a DNA motor bicycle owned by himself/herself from non-explosive land (hereinafter referred to as “non-exclusive motor vehicle”) to the front day of Incheon Nam-gu, Incheon.
2. The Defendant was required to respond to the measurement of alcohol at around 01:15 on the ground that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol while under the influence of alcohol, after receiving 112 reports at the same time and at the same time as in paragraph (1).
그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 01:15경 1차 거부, 01:28경 2차 거부, 01:47경 3차 거부하여 약 30분간에 걸쳐 경찰공무원의 정당한 음주측정 요구에 응하지 아니하였다.
3. On July 13, 2014, at around 00:39, the Defendant, who has not mandatory insurance, driven a DNA motor bicycle that is not mandatory on the front road of the Nam-gu Incheon Metropolitan City, Incheon, as prescribed in paragraph (1).
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and F;
1. Application of Acts and subordinate statutes of the field photographs, drinking softers, ledger of use of a drinking measuring instrument, ledger of driver's license, car inquiry, and mandatory insurance;
1. Article 154 subparagraph 2 of the Act on the Guarantee of Automobile Accident Compensation, Article 154 and Article 43 of the Road Traffic Act, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, the selection of fines for each crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;