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A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.
When the defendant does not pay the above fine, 100.
Reasons
Criminal facts
Some of the facts charged were corrected.
1. Around 00:05 on May 11, 2019, the Defendant, without a motorcycle driver’s license, driven DCA 100 F Robbs in the area of approximately 2.7 km in front of the same Gu B apartment C, from the exit area 2nd in the mountain direction located in the Sungnam-si, Sungnam-si to the upper end of the same Gu B apartment C at approximately 2.7km.
2. On May 10, 2019, from around 00:05 to May 00:15, 2019, the Defendant breached the Road Traffic Act (Refusal of the measurement of alcoholic beverages): (a) in front of the Honam-gu B apartment Cdong, Sungnam-si, the Defendant refused a legitimate demand for the measurement of alcohol by a police officer, such as: (b) a police officer, who was reported by a witness of a drunk driving and dispatched after receiving a report from the witness of a drunk driving, snife, snife, bife, and red; and (c) a police officer, who was requested to comply with the measurement of alcohol on the ground that there are reasonable grounds to recognize the Defendant to have driven a motorcycle while under the influence of alcohol, such as the body scambling distance, and so on, he did not comply with the demand of a police officer for the measurement of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a driver and the register of driver's licenses;
1. Application of Acts and subordinate statutes to a criminal investigation report (15 pages of investigation records), investigation report (report on the circumstances of a host driver);
1. Relevant legal provisions concerning facts constituting an offense, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act, the choice of fines, and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53, 55(1)3 and 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The Criminal Act;