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A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.
Reasons
Punishment of the crime
On September 8, 2011, the Defendant sentenced the Changwon District Court to 8 months of imprisonment for a violation of the Road Traffic Act (driving) and completed the execution of the said sentence on December 25 of the same year.
1. Around 16:20 on April 14, 2014, the Defendant driven a motor bicycle without obtaining a motorcycle driver’s license from a section of about 1 km from the front of a new building site where it is impossible to find out the circulations located in Scheon-si C, to the front of a D cafeteria located in C, without obtaining a motorcycle driver’s license.
2. On April 14, 2014, the Defendant violated the Road Traffic Act (e.g., the refusal of measurement) as stated in paragraph (1) of the same Article, while driving the otobba in front of a D restaurant located in Sacheon-si C, the Defendant did not comply with the request of a police official for a drinking test during a period of three minutes from J, the police officer belonging to the I district of the Sacheon Police Station, who was dispatched after receiving the report of the above traffic accident, after having paid the traffic accident in front of the obaba in which the Defendant driven, and being transferred to H Hospital located in G in the same city of the same city of the same city of the same city of the case of the traffic accident and being under medical treatment. As such, the Defendant did not comply with the request of a police official for a drinking test during a period of three minutes from 17:10 to 17:41 on the same day without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Registers of driver's licenses;
1. On-site photographs and all-round photographs refusing to measure drinking;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the same criminal records and judgments), application of Acts and subordinate statutes to criminal investigation reports (crimes during the period of repeated crimes of suspects);
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of criminal facts, and the denial of measurement of drinking alcohol, and imprisonment with prison labor;