A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant does not pay the above fine, 100.

Criminal facts

On May 2, 2017, the Defendant, without obtaining a bicycle license for a motor device, driven a CCA110cc Meba while drinking the front road B at Osan City on May 2, 2017. The Defendant, while under the influence of alcohol, driven a motor vehicle, such as the Defendant’s smelling, drinking, drinking, and failing to walk normally, on the part of CCA110cc Meba, who was called to the site after a witness’s drinking report by a drinking driver, and called on the site.

In order to determine a person due to a reasonable reason, a drinking test was requested, but the person did not comply with the demand while taking a bath.

As a result, the defendant driving a motor bicycle without a motor device bicycle license, and did not comply with a police officer's request for drinking without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, the driver's license ledger, and making an inquiry into the vehicle;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 148-2 (1) 2, Article 44 (2) (the rejection of drinking alcohol measurement, the selection of imprisonment), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (with respect to imprisonment with prison labor for a crime of violating traffic laws on roads);

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 for the order of provisional payment is that the defendant repents the crime of this case and reflects the crime is favorable to the defendant.

However, the Defendant was sentenced to a fine of KRW 2.5 million due to drinking and driving without a license in 2008 and had a record of criminal punishment several times for violation of traffic laws and regulations. In particular, the Defendant was sentenced to a suspended sentence of three years for a year of imprisonment with labor due to interference with light of light duty in 2016, and was sentenced to a suspended sentence of three years during the suspended sentence period.