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A defendant shall be punished by imprisonment for six months and a fine of 1,00,000 won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
[2014 Highly 929] On October 18, 2011, the Defendant received a notice of call-up of homeland reserve forces training from the Defendant’s house located in Gwangju City C building 201 to November 10, 201, on November 10, 2011, the Defendant did not undergo training without justifiable grounds.
[2014 Highest 1720] On January 7, 2008, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on January 7, 2008, and was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on May 10, 2010.
On May 9, 2014, the Defendant, without obtaining a driver's license at around 16:0 on May 23, 2014, driven a Dp-free car at approximately 1 km to the front of the road that is located in the area of the subdivision of the Janpo-Eup in Gwangju City, in the direction of 0.076% alcohol concentration.
Summary of Evidence
[2014 High Court Decision 929]
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Certificate of receipt of the notice (2014 highest 1720);
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Inquiry the results of the drinking driving control;
1. License register;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
1. Relevant Articles 15 (9) 1, 6 (1) (a) of the Act on the Establishment of homeland reserve forces to commit the crime, Articles 15 (9) 1, 148-2 (1) 1, and 44 (1) of the Road Traffic Act, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor for the crimes of fine and the violation of the Road Traffic Act against the violation of the establishment of homeland reserve forces;
1. The former part of Article 37 of the Criminal Code for the Punishment of Concurrent Crimes;